INDEX OF PARTICIPATION AND INFLUENCE ON LEGISLATIVE ACTIVITY OF KAZAKHSTAN · 2020. 2. 10. · 2 УДК 34.03-517/519.6 ББК 67.400 Transparency Kazakhstan. Index of participation

INDEX OF PARTICIPATION AND INFLUENCE

ON LEGISLATIVE ACTIVITY OF KAZAKHSTAN

Almaty, 2019

2

УДК 34.03-517/519.6 ББК 67.400 Transparency Kazakhstan. Index of participation and impact on the legislative

activities of Kazakhstan. - edited by Shiyan O.V., Kazakhstan, Almaty, 2019. 89 p. The study «Index of participation and impact on the legislative activity of

Kazakhstan» is the winner of the Innovation {and Motivation} Data Lab 2019. This study was made possible thanks to the assistance of the American people

through the United States Agency for International Development (USAID). Transparency Kazakhstan is responsible for the content of the publication, which does not necessarily reflect the position of USAID or the US Government, or Internews.

USAID is a leading US government agency that works with the people of Central Asia to promote social and economic well-being.

The results of the study are freely distributed and can be applied in a theoretical analysis of the legislative work of Kazakhstan, the causes of corruption in the legislation, the practice of teaching the course of law, anti-corruption, the development of programs and legislation to reduce the negative impact of corruption on society.

© 2019 Transparency Int. Kazakhstan

3

CONTENTS

INTRODUCTION

5

CHAPTER 1. DYNAMICS OF LEGISLATIVE ACTIVITY IN KAZAKHSTAN

9

CHAPTER 2. ANALYSIS OF PARTICIPATION AND INFLUENCE ON LEGISLATIVE ACTIVITY OF KAZAKHSTAN

12

2.1. AGRICULTURE (1 650 DRAFT NORMATIVE ACTS) 18 Quantitative analysis of participation in the discussion of draft legal acts 18 Qualitative analysis of participation in legislative activities 22 Index of participation and impact on legislative activities in the field of agriculture

24

2.2. ELECTION LAW (285 DRAFT NORMATIVE ACTS) 25 Quantitative analysis of participation in the discussion of draft legal acts 25 Qualitative analysis of the impact on legislative activities 27 Index of participation and impact on legislative activities in the field of electoral law

29

2.3. TRANSPORT (507 DRAFT LEGAL ACTS) 30 Quantitative analysis of participation in the discussion of draft legal acts 30 Qualitative analysis of the impact on legislative activities 34 Index of participation and impact on legislative activities in the field of transport

35

2.4. HISTORICAL AND CULTURAL HERITAGE (5 DRAFT NORMATIVE ACTS)

36

Quantitative and qualitative analysis of participation in the discussion of draft legal acts

36

Index of participation and impact on legislative activities in the field of historical and cultural heritage

47

2.5. SPORT (56 DRAFT NORMATIVE ACTS) 38 Quantitative analysis of participation in the discussion of draft legal acts 38 Qualitative analysis of the impact on legislative activities 40 Index of participation and influence on legislative activity in the field of sports

41

2.6. STATE AUTHORITIES OF BRANCHES OF AUTHORITY (6 DRAFT LEGAL ACTS)

42


42

Index of participation in legislative activities in the field of redistribution of power

43

2.7. HOUSING AND COMMUNAL SERVICES (51 DRAFT LEGAL ACTS) 44 Quantitative analysis of participation in the discussion of draft legal acts 44 Qualitative analysis of the impact on legislative activities 47 Index of participation and impact on legislative activity in the housing sector 48 2.8. HEALTHCARE (247 DRAFT NORMATIVE ACTS) 49 Quantitative analysis of participation in the discussion of draft legal acts 49 Qualitative analysis of the impact on legislative activities 52

4

Health Involvement and Impact Index on Legislation 54 2.9. PAYABILITY AND BANKRUPTCY OF CITIZENS (7 DRAFT LEGAL ACTS)

55


55

Index of participation and influence on legislative activity in solvency and bankruptcy of citizens

56

2.10. BUDGET, TAXES AND FINANCE (1 995 DRAFT LEGAL ACTS) 57 Quantitative analysis of participation in the discussion of draft legal acts 57 Qualitative analysis of the impact on legislative activities 66 Index of participation and impact on legislative activities in the field of budget, finance and taxes

67

2.11. ECOLOGY (150 DRAFT LEGAL ACTS) 68 Quantitative analysis of participation in the discussion of draft legal acts 68 Qualitative analysis of the impact on legislative activities 71 Index of participation and impact on legislative activities in the field of ecology

74

2.12. PROCEDURAL LEGISLATION (2 DRAFT LEGAL ACTS) 75 Quantitative and qualitative analysis of participation in the discussion of draft legal acts

75

Index of participation and impact on legislative activities in the field of administrative-procedural legislation

75

2.13. LICENSE ACTIVITY AND GAMING BUSINESS (2 DRAFT LEGAL ACTS) 76 Quantitative and qualitative analysis of participation in the discussion of draft legal acts

76

Index of participation and influence on the legislative activity in the field of gambling

77

CHAPTER 3. INDEX OF PARTICIPATION AND INFLUENCE ON THE LEGISLATIVE PROCESS IN KAZAKHSTAN

78

CHAPTER 4. CONCLUSIONS AND RECOMMENDATIONS

83

CHAPTER 5. INSTRUCTIONS FOR PARTICIPATION IN KAZAKHSTAN'S LEGISLATIVE ACTIVITY

85

5

INTRODUCTION

«Laws should have the same meaning for everyone»

Charles Louis Montesquieu

In the spring of 2016, in Kazakhstan was adopted the Law «On Legal Acts», aimed at

regulating the process of development and adoption of legal acts. Article 18 of this

law stipulates the obligation of the state body of the developer to conduct public

discussions with the population of Kazakhstan before agreeing with other

government bodies, the public council or parliament.

In the summer of 2016, were regulated the rules for posting and public discussion of

projects on the Internet portal of the Electronic Government «Open Government» -

«Open regulatory legal acts». This portal was launched at the end of 2015 and it

provides the ability to track projects by category, central and local authorities-

developers.

The public discussion period is at least 10 working days from the date the project is

posted on the portal, during which anyone can use the electronic digital signature

(EDS) to leave a comment or vote «for» or «against» the proposed short stories.

For projects affecting the interests of business entities, the approval of the business

association of the «Atameken» National Chamber of Entrepreneurs is necessary.

Thus, the authorities of Kazakhstan provided the opportunity for civil participation

in the legislative activities of the country.

However, from the beginning of the norm, the analysis of participation in public

discussions was not carried out, despite the fact that annually in Kazakhstan from

20 to 70 new laws and about 10,000 - 15,000 amendments to regulatory acts of

various levels are adopted: decrees, codes, laws, decrees, orders , orders, standards

and regulations of public services at the republican and regional levels.

There are no studies in Kazakhstan about the real situation with the legislative

activity of the population of Kazakhstan. There are no measurements about the

demand for the Open Dialog resource among citizens to express an opinion on

changes proposed by state bodies at the state, oblast, district and local community

level.

Goals and objectives of the study

- to analyze the level of participation and the real level of influence of citizens, NGOs,

associations of small and medium-sized businesses, consulting companies on the

legislative process in Kazakhstan,

6

- to inform citizens about the opportunities to participate in the discussion of

amendments having a direct and indirect impact on their lives through the

development of instructions for using government portals. The training component

should be aimed at improving legal literacy in conditions of limited democracy in

Kazakhstan, which corresponds to the 16 Sustainable Development Goals of the UN,

- to write recommendations for government bodies to improve the quality of

legislative activity, including the regulation of the concept of lobbying in

Kazakhstan, which is recommended by the OECD Anti-Corruption Network,

evaluated by Transparency International and GRECO.

Objects of analysis

This study analyzed the proposals received on the Open Government portal «Open

regulatory legal acts», on which citizens can leave comments and suggestions on

bills, as well as the database of draft laws of the National Chamber of Entrepreneurs

«Atameken», on which business associations leave their proposals and business

entities in Kazakhstan.

In accordance with the plan of legislative work of the Government of the Republic of

Kazakhstan for 2018, 9 ministries of Kazakhstan should develop 18 laws, as well as

by-laws in the following areas of public relations:

1. Agriculture 2. Voting rights, 3. Transport 4. Historical and cultural heritage, 5. Licensing and gambling, 6. Housing and utilities, 7. Taxation 8. Health, 9. Procedural procedural legislation, 10. The republican budget 11. Sports 12. Ecology, 13. The redistribution of power.

Study sources

1. Open Government Portal «Open regulatory legal acts»

The state agency-developer is obliged to publish a draft legal act for public

discussion for 10 working days, where anyone can leave their suggestions,

comments, comments, if there is an EDS. The portal allows to unload legal acts by:

• categories of public relations (health, education, taxes, etc.),

7

• central government bodies (Ministry of Health, Ministry of Education and Science,

Ministry of Finance, etc.),

• regions (14 regions, 3 cities of republican significance).

2. Website of the National Chamber of Entrepreneurs «Atameken»

RLA projects affecting business issues must be approved by the «Atameken»

scientific and production enterprise, of which all business entities in Kazakhstan are

members.

The discussion is carried out within 10 working days, associations send their

proposals, «Atameken» collects it and decides which of the proposals will be sent to

the state agency-developer. The architecture of the site allows you to upload

documents:

• by relevance, by legal force, by date of publication and amendment, • by category, alphabetically and by keyword, • answers of «Atameken», arguments of state residents to proposals of «Atameken».

3. The official Internet resource of the Parliament of the Republic of Kazakhstan

A package of documents with the accepted proposals of citizens is published on the

website of the lower and upper chambers of the Parliament - the Majilis and the

Senate. The site allows to download a bill and a certificate with the accepted

proposals at the stage of public discussion, as well as proposals on which the

rationale is given.

4. Reference control bank of the legal acts of the Ministry of Justice of the

Republic of Kazakhstan

The state agency-developer, after registering the legal acts with the Ministry of

Justice, must publish the final version on the website of the Reference Control Bank

within 10 days. The portal allows you to unload legal acts on:

• categories of legal acts (new, additions, loss), • central government bodies (Ministry of Health, Ministry of Education and Science, Ministry of Finance, etc.), • Regions (14 regions, 3 cities of republican significance), • by date of adoption, • by keywords.

Research methodology

8

To determine the participation index and impact on the legislative activity in

Kazakhstan, it will be carried out a detailed analysis of the legislative work in 13

areas of public relations, according to which it was envisaged to adopt new 18 laws.

To do this, at the first stage, will be analyzed the activity of citizens in the discussion

of draft legal acts by sectors, regions, ministries, months and types of legal acts.

Based on what will be determined the index of citizen participation in legislative

activities, which is calculated by the formula: (number of commented draft legal

acts * 100%) / number published for public discussion of legal acts.

∑ amount of commented draft legal acts∗100%

∑ amount of published draft legal acts

Next, will be determined an index of readiness of state bodies of developers to

discuss proposals and comments of citizens. It is calculated according to the

formula: (number of comments for which correct explanations are given + accepted

comments * 100%) / number of comments received.

(∑ amount approved comments + ∑ amount of comments with correct answers from government agencies) ∗ 100%

∑ amount of comments received

Within the framework of a qualitative analysis, it will be analyzed which of the

proposals received during the public discussion of draft legal acts have been taken

into account by the developing government bodies, and have also been accepted

into the work of the Parliament of Kazakhstan and included in the final edition of

the regulations registered by the Ministry of Justice of Kazakhstan and published in

the Reference Control Bank normative acts.

Based on the obtained data, it will be derived the index of influence on the

legislative activity of Kazakhstan according to the formula: (Number of proposals

included in the final normative acts / Number of accepted comments * 100%) *

(number of approved legal acts / number of legislative acts on which the proposals

were approved * 100%) / 100 %

(∑ amount of approved proposals

∑ amount of approved proposals∗ 100%) ∗ (

∑ amount of approved regulatory acts

∑ amount of legal entities for which they approved the proposals∗ 100%)

100%⁄

To make a rating, 1% of the data obtained is equal to 1 point. Depending on the points scored is determined the degree of participation or influence on the legislative process: 0-25 points - low degree of participation / influence on lawmaking, 25-50 points - a degree below the average participation / impact on lawmaking, 50-75 points - the average degree of participation / influence on lawmaking, 75–100 points - a high degree of participation / influence on lawmaking.

9

CHAPTER 1. DYNAMICS OF LEGISLATIVE ACTIVITY IN KAZAKHSTAN

Since the beginning of the portal «Open regulatory legal acts» operation, for the

period 2015-2018, the state bodies of Kazakhstan have worked out 179 638

regulatory legal acts, having adopted 86 642 new regulatory acts, changes and

additions were made to 47 482 legal acts, and 45 514 were put to loss.

Dynamics of the legislative activity of Kazakhstan by years

In 2018, according to the reference control bank of the regulatory legal acts of the

Ministry of Justice of Kazakhstan, 44 880 legal acts were in operation, of which

22 048 legal acts were adopted for the first time, 13 594 - were amended and

supplemented, 9 238 - were subject to loss1.

In order to accept such a number of legal acts, state bodies had to propose 123

public new laws for public discussion on a daily basis, which in principle represents

a large amount not only for citizens to submit comments and suggestions, but also

for studying it. And given that the proposed draft legal acts are accompanied by

comparative tables, reference statements prepared by a legal language that is

difficult for a simple layman to understand, the task of civic participation in

legislative activity is complicated at times.

1 http://zan.gov.kz/ru/

23373

23066

18155

22048

11482

11943

10463

13594

11823

15033

9420

9238

0 10000 20000 30000 40000 50000 60000

2015

2016

2017

2018

new

changes and additions

put at a loss

http://zan.gov.kz/ru/

10

The status of the legal acts by the months of 2018

Every month, at the legislative level, about 1 837 new regulatory acts were adopted,

1 132 regulatory acts were subject to change and addition, and 769 legal acts were

to be lost. The peak of the adoption of new normative acts occurred in January 2018

- 2 584, amendments to December – 1 517, termination of regulations for April – 1

782.

In 2018, local executive bodies worked out 10 104 normative acts, including 7 983

new normative acts adopted, amendments to 1 049 normative acts were made,

1 074 normative acts were put to loss.

№ City, region New Laws Normative legal acts as

amended and supplemented

Normative legal acts that have

lost validity

TOTAL

1 Nur Sultan 2032 243 95 2370 2 Almaty city 174 26 12 212 3 Shymkent 46 5 3 54 4 Akmola region 542 82 71 693 5 Alma-Ata's region 426 55 39 520 6 Aktobe region 570 50 63 683 7 Atyrau region 215 21 42 278 8 East Kazakhstan region 470 102 306 878 9 Jambyl Region 354 37 12 403 10 West-Kazakhstan region 285 30 154 469

2584

1825

1437

2581

2082 1984 1966

1152

987

1487 1572

2391

1408

756 623

1134 1151

1517

1338

855

680

1245 1171

1716

695

879 804

1782

1390

824

658

307 268

489 488

654

0

500

1000

1500

2000

2500

3000new

changes and additions

put at a loss

11

11 Karaganda region 455 53 49 557 12 Kostanay region 624 82 38 744 13 Kyzylorda Region 402 63 35 500 14 Mangistau region 226 20 9 255 15 Pavlodar region 311 40 50 401 16 North-Kazakhstan region 487 96 58 641 17 Turkestan region 364 44 38 446 TOTAL 7 983 1 049 1 074 10 104

The state of regulatory legal acts in the regional context for 2018

In the regional context, the largest number of regulations has been worked out in

the city of Nur-Sultan, East Kazakhstan, Kostanay, Akmola, Aktobe, North

Kazakhstan regions. These 6 regions account for half of all normative legal acts

developed by local executive bodies in 2018.

Dynamics of work with regulatory legal acts in the regional context for 2018

The leaders in the development of new regulatory legal acts were the city of Nur-

Sultan, Kostanay and Aktobe regions. Most often, changes and additions were made

to Nur-Sultan, East Kazakhstan, Akmola and Kyzylorda regions. At a loss, more than

the rest sent regulatory legal acts in the East Kazakhstan, West Kazakhstan regions

and the city of Nur-Sultan.

2370

878 744 693 683 641 557 520 500 469 446 403 401

278 255 212 54

0

500

1000

1500

2000

2500

12

CHAPTER 2. ANALYSIS OF PARTICIPATION AND INFLUENCE ON LEGISLATIVE

ACTIVITY OF KAZAKHSTAN

In order to conduct a quantitative analysis of the participation of citizens and legal

entities in legislative activities, Transparency Kazakhstan experts were guided by

the legislative plan of the Government of Kazakhstan for 2018.

In accordance with this plan, 9 ministries were obliged to develop and submit

18 laws to the parliament, as well as independently approve the by-laws necessary

for their implementation in the form of rules, standards, and regulations2.

№ The name of the bill Government Authority Developer

1. On introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on issues of safety of hydraulic structures

Ministry of Agriculture

2. On amendments and additions to the Constitutional Law of the Republic of Kazakhstan «On Elections in the Republic of Kazakhstan»

Ministry of Justice

3. On amendments and additions to some legislative acts of the Republic of Kazakhstan on transport issues

Ministry of Investment and Development

4. On amendments and additions to some legislative acts of the Republic of Kazakhstan on gambling business

Ministry of Culture and Sports

5. On the protection and use of objects of historical and cultural heritage


6. On amendments and additions to some legislative acts of the Republic of Kazakhstan on the protection and use of historical and cultural heritage


7. On introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on housing and communal services


8. About restoration of solvency of citizens of the Republic of Kazakhstan

Ministry of Finance

9. On amendments and additions to some legislative acts of the Republic of Kazakhstan on the issues of restoring the solvency of citizens of the Republic of Kazakhstan

Ministry of Finance

10. On making amendments and additions to some legislative acts of the Republic of Kazakhstan on health issues

Ministry of Health care

2 План законопроектных работ на 2018 г. http://www.adilet.gov.kz/ru/articles/plan-zakonoproektnyh-

rabot-pravitelstva-respubliki-kazahstan-na-2018-god

http://www.adilet.gov.kz/ru/articles/plan-zakonoproektnyh-rabot-pravitelstva-respubliki-kazahstan-na-2018-god

http://www.adilet.gov.kz/ru/articles/plan-zakonoproektnyh-rabot-pravitelstva-respubliki-kazahstan-na-2018-god

13

11. Administrative Procedure Code Ministry of Justice, Supreme Court

12. On introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on administrative procedural legislation of the Republic of Kazakhstan

Ministry of Justice, Supreme Court

13. About the guaranteed transfer from the National Fund of the Republic of Kazakhstan for 2019 - 2021

Ministry of National Economy

14. About the republican budget for 2019 - 2021 Ministry of Finance 15. On making amendments and additions to some

legislative acts of the Republic of Kazakhstan on issues of physical education and sports


16. On introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on the issues of improving rehabilitation and bankruptcy procedures

Ministry of Finance

17. On amendments and additions to some legislative acts of the Republic of Kazakhstan on the regulation of greenhouse gases and ozone-depleting substances

Department of Energy

18. On amendments and additions to some legislative acts of the Republic of Kazakhstan on the redistribution of powers between levels of government

Ministry of National Economy

The plan of legislative work of the Government of the Republic of Kazakhstan for 2018

The developers of these 18 projects were 8 ministries, and the Supreme Court was

invited to coordinate two projects.

Conventionally, these 18 laws are included in 13 areas of public relations. In these

areas, in 2018, in addition to the legal acts provided for by the legislative work plan,

4 963 draft legal acts were submitted for discussion.

In particular:

2

1

3

1 1

4

2

1 Ministry of National Economy

Department of Energy

Ministry of Justice

Ministry of Health care

Ministry of Finance



Ministry of Agriculture

18

14

1. Agriculture – 1 650 draft regulatory legal acts 3 2. Voting rights - 285 3. Transport - 507 4. Historical and cultural heritage - 5 5. Licensing and gambling - 2 6. Housing and utilities - 51 7. Budget, taxation, finance - 1 995 8. Health care - 247 9. Procedural procedural legislation - 3 10. Solvency of citizens - 7 11. Sports - 56 12. Ecology - 150 13. The redistribution of power - 6.

In total, for public discussion in 2018, taking into account the above 4960 draft legal

acts for public discussion, 15 936 bills were published in the following areas4:

14 Information technology - 239

15. Immigration, migration, citizenship - 103,

16. Family - 22

17. Education - 934

18. Employment and employment - 626

19. Social security - 1,469

20. Real estate - 256

21. Legal assistance - 2,048

22. Sports and tourism - 120

23. Military registration and security - 269

24. Natural resources and ecology - 733

25. Intellectual property - 39

26. Registration and business development - 47

27. Industry - 378

28. Culture, religion of the media - 609

29. Economics – 3 597.

The developers of draft legal acts published in 2018 for public discussion were:

1. Presidential Administration - 1

2. Agency for Civil Service Affairs - 34

3. The Supreme Court - 5

4. The High Judicial Council - 2

5. The Prosecutor General's Office - 45

3 Далее в перечислениях подразумевается также проектов НПА 4https://legalacts.egov.kz/Application/advancedSearch?page=1594&searchType=EXACT&pastBeginDate=01.01.2018&pastEndDate=31.12.2018

https://legalacts.egov.kz/Application/advancedSearch?page=1594&searchType=EXACT&pastBeginDate=01.01.2018&pastEndDate=31.12.2018

https://legalacts.egov.kz/Application/advancedSearch?page=1594&searchType=EXACT&pastBeginDate=01.01.2018&pastEndDate=31.12.2018

15

6. National Security Committee - 54

7. Constitutional Council - 3

8. Ministry of the Interior - 186

9. Ministry of Health - 172

10. Ministry of Industry and Information Development - 614

11. Ministry of Foreign Affairs - 47

12. Ministry of Information and Communications - 110

13. Ministry of Information and Public Development - 37

14. The Ministry of Culture and Sports - 157

15. Ministry of National Economy - 350

16. Ministry of Defense - 75

17. Ministry of Education and Science - 326

18. Ministry of Labor and Social Protection - 145

19. Ministry of Finance - 486

20. Ministry of Digital Development - 77

21. Department of Energy - 278

22. Ministry of Justice - 180

23. National Bank - 21

24. Foreign Intelligence Service - 6

25. Counting Committee - 24

26. Office of the President - 1

27. Central Election Commission – 17

At the level of local executive bodies:

28. Akimat of Nur Sultan - 100

29.Akimat of Almaty - 94

30.Akimat of Shymkent - 25

31. Akimat of Akmola region - 1,049

32. Akimat of Aktobe region – 989

33. Akimat of Almaty region – 795

34. Akimat of Atyrau region – 387

35. Akimat of the East Kazakhstan region – 1 126

36. Akimat of Zhambyl region – 625

37. Akimat of the West - Kazakhstan region – 632

38. Akimat of the Karaganda region – 771

39. Akimat of the Kostanay region – 1 286

40. Akimat of Kyzylorda region - 622

41. Akimat of the Mangystau region - 422

42. Akimat of Pavlodar region - 812

43. Akimat of the North Kazakhstan region - 1017

44. Akimat of Turkestan region - 637.

16

The leaders in the number of draft legal acts submitted for public discussion were

the akimats of Kostanay, East Kazakhstan, North Kazakhstan, Akmola oblasts, the

Ministry of Industry and Information Development and the Ministry of Finance.

In the context of the types of legal acts for public discussion, the following was

submitted:

7903 draft decisions of akimats 4700 draft resolutions of ministries and akimats 2447 draft orders 295 draft regulations for the provision of public services 268 draft standards for the provision of public services 117 draft regulatory impact analyzes 86 draft laws 82 draft laws concept 55 draft decrees 35 draft orders 13 draft regulations on the activities of state bodies 10 draft international agreements 7 draft reports.

A quantitative analysis indicates that the main burden on legislative activity is on

regional akimats, which, after the development of the legislative acts by the central

ministries, are required to adopt by-laws in these areas of activity. This fact

negatively affects the quality of the developed projects.

A detailed analysis showed that, on average, one bill of a regional or district level

was put up for public discussion 2-4 times, which was due to comments by

participants in public discussions of a technical nature, such as incorrectly formed

links, dates, reference legal acts, grammatical and stylistic errors.

But even without taking this factor into account, 2 times less bills were submitted

for public discussion than adopted laws in 2018. So, in 2018, 15 936 draft

normative acts were submitted for public discussion, even if we take into account all

the bills submitted earlier for public discussion in 2017 (13 127 draft legal acts

were submitted in 2017), then their number is less than those adopted in 2018 -

44 880 normative legal act.

Additionally reduces the possibility of participating in a public discussion of draft

legal acts:

1. An incomplete and generalized list of areas of activity on the portal «Open

regulatory legal acts». For example, bills of law enforcement agencies are published

in the section «military registration and security», which is not on the front page of

the portal in the section «Categories».

17

2. Publication of draft local budgets on the portal «Open regulatory legal acts», and

not on the «Open budgets» portal, which is usually contacted by users who want to

participate in the discussion of draft local budgets.

18

2.1. AGRICULTURE (1 650 draft normative acts)

Quantitative analysis of participation in the discussion of draft legal acts

In the field of agriculture, according to the plan of legislative work for 2018, it was

supposed to adopt 1 law: «On Amendments and Additions to Some Legislative Acts

of the Republic of Kazakhstan on the Safety of Hydraulic Structures».

In addition to the 1 law stipulated by the plan, 1650 draft legislative acts in the field

of agriculture were submitted for public discussion in the legislative work at the

republican and regional levels. By types of legal acts, these were laws, concepts to

laws, decrees, orders, standards and regulations of public services.

№ Type of legal acts Number of normative legal acts

Comments received

Government responses to comments

1. Law 2 0 0 2. Concept 7 2 to 2 projects 2 3. Regulatory

Impact Analysis 16 7 to 7 projects 7

4. Decision - developer central government agency

121 9 to 7 projects 4

5. Decision - Developer Local Executive

510 231 to 152 projects

170

6. Regulation on the state agency

1 3 to 1 project 0

7. Order of the central state body


57


2 0 0

9. International agreement

2 1 0

10. Decision of the local executive body


183

11. Public Service Standard


12. State service regulations


13. TOTAL 1 650 783 to 462 projects

497

The dynamics of public discussion of draft legal acts in the field of agriculture

19

On a monthly basis, users of the portal «Open regulatory legal acts» were invited to

participate in the discussion of about 100 draft regulatory legal acts in the field of

agriculture, the largest number of which occurred in January, June and November

2018.

Publication of draft legal acts on the portal in the field of agriculture for months

At the level of central government bodies, the developer of 408 draft legal acts was

the Ministry of Agriculture, and the first was the Ministry of Energy and the National

Economy.

In the regional context, more often than others, draft legal acts developed by the

Akimats of Aktobe, East Kazakhstan, Akmola, Kostanay, Pavlodar, North Kazakhstan,

and Karaganda regions were submitted for public discussion. The Akimats of

Almaty, Nur-Sultan, and none of Shymkent developed the least legislative projects in

the field of agriculture.

A quantitative analysis showed that out of 1 650 draft legal acts in the field of

agriculture, 28% (462) of them received comments. A total of 783 comments were

received from users of the «Open regulatory legal acts», 63% of them (497 to 308

projects) of which government agencies provided explanations.

Minimal participation in the discussion of draft legal acts is observed in the Aktobe,

East Kazakhstan, Akmola and Kostanai regions, despite the fact that these regions

proposed bills for public discussion more than others. The number of comments on

one document varies between 1-30, but two-thirds do not exceed 1 comment.

234

161

112 101 104

182

118 102

158 148

166

64

0

50

100

150

200

250

20

Regional projects in the field of agriculture

By types of legal acts, the largest number of comments was received on draft

standards (47.8%) and public service regulations (40%), orders of the ministry

(35.4%). Less than a third of comments were received on the most frequently

developed draft resolutions (29.8%) and decisions (24.9%) of akimats.

A detailed analysis showed that 13 comments were received on the bill provided for

by the plan, on the draft amendment of the Ministry of Agriculture - 9 orders, on the

draft decision of the Akimat of Zhambyl Oblast to increase the tax rates of land tax in

the area of them. T. Ryskulova - 8. 3 comments were received for 7 comments:

- decisions on the loss of restrictive measures in the village of Shalkhiya,

Kyzylorda region,

- decisions of the Mangistau and Almaty regions on amendments to the

regulation of public services on subsidizing interest rates for lending to

agriculture.

In the regional context, more comments were received on draft legislative acts

developed by the akimats of Zhambyl, Pavlodar and Almaty regions, the smallest

were on draft legislative acts of cities of republican significance, Kyzylorda and

Atyrau regions, while in the Zhambyl region fewer draft laws were published for

discussion than in Atyrau region.

15

35

38

13

41

24

22

32

25

14

37

12

21

15

2

0

0

145

136

128

126

106

90

85

76

76

71

62

46

43

41

3

1

0

0 20 40 60 80 100 120 140 160

Aktobe

East Kazakhstan

Akmola

Kostanay

Pavlodar

North Kazakhstan

Karaganda

Almaty

West Kazakhstan

Atyrau

Zhambyl

Turkestan

Mangistau

Kyzylorda

Almaty city

Nur Sultan

Shymkent • Draft normative acts published on

the portal «Open regulatory legal

acts»

• Share of draft legal acts with

comments following public

discussions

21

Comments and remarks on draft regulations in the field of agriculture

At the same time, on the part of the authorities, the interaction with the participants

in the public discussion on the portal «Open regulatory legal acts» was carried out in

different dynamics. So, all the comments of participants in public discussions of

draft normative legal acts were reacted by state bodies of the city of Almaty,

Karaganda, Kostanai and Kyzylorda regions.

More than half of the comments were commented by state bodies of Akmola, East

Kazakhstan, Mangistau, Pavlodar, North Kazakhstan and Turkestan regions. Least of

all were the comments of participants in public discussions in the Aktobe, Atyrau

and Zhambyl regions.

Thus, a quantitative analysis of participation in the discussion of draft legal acts in

the field of agriculture showed the following:

1. In the field of agriculture, a high degree of norm-setting is observed, the

leaders are 5 regions of Kazakhstan, which developed more than 100 draft legal acts

in 2018. Moreover, in these areas there is a low degree of civic participation in the

discussion of bills. But on the part of the authorities there is a high degree of interest

in studying and responding to comments received.

0 4

0

46

64

21 17

50

77

32 34

15

32 34

75

39

21

0 4

0

32 28

8 4

48

21 23

34

15

32

20

72

27

16

0

10

20

30

40

50

60

70

80

90

• Comments of participants in public

discussions of draft legal acts

• Responses of government agencies

developing draft legal acts to comments

22

2. The degree of civic participation does not depend on the number of

proposals proposed by the authorities to discuss draft legal acts and generally

remains low. In Aktobe, Atyrau and Almaty regions, authorities take into account

less than half of the comments received during the public discussion of draft legal

acts.

Qualitative analysis of participation in legislative activities

A quantitative analysis of the participation of citizens in the discussion of draft legal

acts in the field of agriculture showed that during 2018, government development

agencies responded to 497 (308 projects) out of 783 comments and suggestions

from participants in public discussions.

A study of the responses of state bodies showed that almost all technical comments

regarding errors in the drafting of texts of draft legal acts, links to other norms and

violation of the terms of public discussion on the portal were proposed by one

person, few conceptual proposals came from 3 people and 2 companies.

From 783 comments to 462 draft legal acts:

295 (37%) were left unanswered,

96 (12%) comments on 67 draft legal acts were rejected, including 9 given

explanations, 3 - the questions were drawn up incorrectly, and 3 more - the

answers of state development agencies did not correspond to the subject of

the question,

392 (50%) comments on 264 draft legal acts were approved and accepted for

work, of which:

275 (35%) of proposals and comments were included in the approved 192

regulatory acts,

17 (2%) draft legal acts on user recommendations were not accepted by the

authorities and were not put into effect.

Regarding the types of normative acts, it is worth noting that the proposals were

accepted for subordinate types of regulatory legal acts, as orders, standards and

regulations.

In the context of central and regional state bodies, the degree of influence on the

legislative activity of citizens can be estimated as average.

23

Analysis of work with proposals of citizens in the field of agriculture

The most common mistakes of developers were the publication of the project

without attachment of documentation, violation of the terms of public discussion,

errors in the design of the requisite part of the documents, terms of adoption of the

legal acts, grammatical and stylistic errors. It is worth noting that government

authorities did not always provide correct explanations for user comments.

№ Draft law Commentary by a participant in a public

discussion of a draft regulatory legal act

Response of the state body-developer of the draft regulatory acts

1 On amendments to the order of the Minister of Agriculture of the Republic of Kazakhstan dated May 6, 2015 No. 4-2 / 419 «On approval of the standard of the public service» Subsidizing the development of seed production «- developer Ministry of Agriculture

What caused the entry into force of this order from January 1, 2019?

The order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan dated October 18, 2018 No. 427, providing for amendments to the Rules for subsidizing the development of seed production with regard to the transition to a new mechanism for subsidizing seed production, as well as automating the process of issuing subsidies for the development of seed production, is introduced in Effective January 1, 2019.

2 On the action plan for 2017-2018 on pasture management and their use in the Shet district- developer Karaganda region, public comment period - January 2018

Already at the end of 2017, is there any reason to approve the Plan under consideration for this calendar year?

This draft decision of the Shetsky district Maslikhat was developed in accordance with Article 13 of the Law of the Republic of Kazakhstan «On Pastures». Relevant data (documents) submitted by state bodies was compiled or approved for the current

96

275

295

392 refused

included in regulatory legal acts

ignored

approved by

24

calendar year. 3 Plan of measures for the

management and use of pastures in the Abay district for 2018-2019- developer of maslikhat of the East Kazakhstan region

Only the staged part of the draft decision is posted on the Portal. And where is the approved Action Plan?

Good afternoon!! NAP project The Decision as well as the annex to the draft NAP (Action Plan) will be posted again in the coming days as the annex to the project (Action Plan) is currently at the development stages. Thank you for your interest and comment ...

Examples of incorrect answers from government agencies on draft legal acts in the field of

agriculture

Thus, we can conclude that in the field of agriculture, government agencies, draft

law developers, listen to technical comments.

Index of participation and impact on legislative activities in the field of

agriculture

The users of the portal «Open regulatory legal acts» commented on 28% (462 of

1 560) draft regulatory acts in the field of agriculture. State bodies, developers of

draft regulatory legal acts, responded to 63.5% (497 out of 783) of the comments.

The index of participation in the discussion of bills in the field of agriculture will be

28 points.

From the point of view of the state bodies developing NLA, readiness to discuss

proposals and comments will be 51 points.

Of the 783 comments, government development agencies approved 50% (392) of

the comments received, of which 35% (275) included 192 regulations, another 17

(2%) draft legal acts were not adopted by the authorities and were not put into

effect by user recommendations.

The impact index on legislative activities in the agricultural sector of Kazakhstan

will be 54 points.

Индекс влияния на законопроектную деятельность в сфере сельского

хозяйства Казахстана составит 54 балла.

25

2.2. ELECTION LAW (285 DRAFT NORMATIVE ACTS)


In the field of electoral law, in 2018, the Ministry of Justice of Kazakhstan undertook

to adopt 1 law on amendments to the Constitutional Law of the Republic of

Kazakhstan «On Elections in the Republic of Kazakhstan».

The analysis of draft legal acts published on the portal «Open regulatory legal acts»

showed that in addition to this law, the Ministry of Justice, the Central Election

Commission (CEC) and local executive bodies published 285 draft legal acts for

discussion with the population that affect the procedure for holding elections or

suffrage in Kazakhstan. Among them are a decree, resolutions of the Central Election

Commission, local executive bodies, decisions of local executive bodies.

№ Type of legal acts Number of normative legal

acts

Comments received Government responses

1. Decree 1 0 0 2. Law 1 1 to 1 project 1 3. Decisions of the

Central Election Commission


4. Decisions of local executive bodies

3 5 to 2 projects 5

5. Decisions of local executive bodies

266 234 to 130 projects 200

6. TOTAL 285 247 to 135 projects 213 The dynamics of public discussion of draft legislative acts in the field of elections

Every month, users of the portal «Open regulatory legal acts» were invited to

participate in the discussion of about 5 to 20 draft laws in the field of electoral law,

the largest number of which occurred in September, October and November 2018.

Publications of draft draft laws on the portal on the topic of elections by month

7 2 6 11 7 5 12 10

2

110

73

9

0

20

40

60

80

100

120

26

At the level of central government bodies, the developer of 15 draft legislative acts

was (the Central Election Commission), two - the Ministry of Justice.

In the regional context, more often than others, draft legal acts developed by

akimats of Akmola, Almaty, North Kazakhstan, Kostanai, Pavlodar regions were

submitted for public discussion. Least of all draft regulatory legal acts on the topic of

elections were developed by the akimats of Nur-Sultan, Shymkent.

The share of draft legal acts in the field of electoral law in the regional context

A quantitative analysis showed that users of the Portal «Open regulatory legal acts»

commented on about half (47%) of 135 of 285 electoral draft normative acts.

Government development agencies provided 86% (213) of 247 comments with

explanatory answers.

Most comments were received on draft decisions (47.2%) and resolutions of

akimats (90%). There was no civil discussion on the draft presidential decree and

the concept of constitutional law.

The largest number of comments was received on the draft amendments of the CEC

to the rules for sending citizens of Kazakhstan as observers for foreign elections - 6,

and the decision of the Kegensky district maslikhat of Almaty region on the

formation of polling stations - 5.

The number of comments on one document varies between 1–6, but two-thirds do

not exceed 1-3 comments.

In the regional context, the users showed the greatest activity in the discussion of

draft legal acts from Almaty, Kostanay, North Kazakhstan regions and Almaty, the

least - in the draft legal acts of Mangistau, Kyzylorda, Aktobe and Atyrau regions.

0 0

5 4

6 5

1 3

9 12

9 12

7 16

13 21

10

1 1

8 9

10 10 10

13 13

19 20

21 23

27 25

27 39

0 5 10 15 20 25 30 35 40 45

г. Нур-Султан г. Шымкент

Жамбылская Кызылординская

Атырауская ЗКО

Мангистауская Актюбинская

г. Алматы ВКО

Туркестанская Карагандинская

Павлодарская СКО

Костанайская Алматинская Акмолинская

• Comments of participants in public




discussions

27

Comments and remarks on draft legal acts in the field of electoral law

The interaction of the developer bodies with the participants of the public

discussion on the portal «Open regulatory legal acts» was carried out at a fairly high

level. The comments of all participants in the public discussions of the draft laws

were answered by state bodies of 5 regions - Almaty, Aktobe, West Kazakhstan,

Kyzylorda and Pavlodar regions. With the exception of the Akmola region, in other

regions, government agencies commented on more than half of the comments.


the field of electoral law showed the following:

1. In the field of electoral law and the organization of the electoral process, an

average degree of rulemaking is observed, the leaders are 5 regions of Kazakhstan,

which developed more than 20 draft legal acts in 2018.

2. With the exception of the Akmola region, the degree of civic participation in the

discussion of draft laws at medium damage. The authorities have shown a high

degree of interest in studying and responding to comments received. In the Almaty

region, authorities took into account less than half of the comments received during

a public discussion of draft legal acts.

Qualitative analysis of the impact on legislative activities

For a qualitative analysis of the degree of influence on the legislative process in the

field of electoral law, 246 comments and 212 responses of government developing

agencies on 135 draft legislative acts were examined.

0

23

0

15

52

4 8

16

3

9

19 18

6 2

8

23

15

0

23

0

5

49

4 2

16

3

9 13

17

6 1

8

19

14

0

10

20

30

40

50

60 • Comments of participants in public




28

A study of the responses of state bodies showed that all comments and remarks

were proposed by one person with the exception of the draft constitutional law and

related to technical errors of the developers.

From 247 comments of participants in public discussions of 135 draft legal acts:

• 34 (13.7%) were left unanswered,

• 33 (13%) comments on 22 draft normative documents were refused,

including explanations given on 6 remarks of participants in public

discussions,

• 180 (73%) comments with approximately the same comments on 105 draft

regulatory acts were approved and accepted by the developers, of which

• 157 (63.8%) of citizens' proposals were included in the approved 93

regulatory acts.

Analysis of work with citizens' proposals on the topic of elections


legislative activity of citizens can be estimated as high, despite the fact that all

proposals were sent by one person (with the exception of 1 comment) and related

to issues of technical design of texts, indication of dates and links, grammatical and

stylistic errors.

Comparison of the draft constitutional election law:

Draft Constitutional Law «On Amendments and

Additions to the Constitutional Law of the Republic of Kazakhstan»

On Elections in the Republic of Kazakhstan «

Suggestions and the answer

of the state agency-

developer of the draft regulatory

act

The draft law introduced in the

Mazhilis of the Parliament of

the Republic of Kazakhstan

Law

«1. Voting on the election of the President, deputies of the Mazhilis of the Parliament and Maslikhats, members of

«1. voting for the election of the president, deputies …»

34) in paragraph 1 of Article 38: in the first sentence, after the

25) in the sentences of the second and fourth paragraph of

34

33

180

157

ignored

refused

approved by


29

other bodies of local self-government is held on election day from seven to twenty hours local time. Territorial or district election commissions, upon the submission of the relevant akim, precinct election commissions, have the right to establish other voting start and end times. At the same time, voting may not begin earlier than six hours and end later than twenty-two hours. The decision of the territorial election commissions to change the start and end time of voting should be communicated to voters.»

– in the second sentence, the words «or district electoral» must be removed, since there will be no district commission with the adoption of this draft. – thanks for the offer, it is taken into account.

words «maslikhats,» supplement with the words «akim of a city of regional significance, village, township, rural district,»; in the sentences of the second and fourth words «or district», «or district» to exclude;

paragraph 1 of Article 38 the words «or district», «or district» shall be deleted;

Analysis of the work of government agencies with proposals in the field of elections

Thus, we can conclude that the developers of draft legal acts listen to comments of a

technical nature.


electoral law

The users of the Portal «Open regulatory legal acts» commented on 47% (135 out of

285) of the draft laws on elections. State bodies, developers of draft legal acts,

responded to 86% (213 out of 247) comments.

Index of participation in the discussion of bills in the field of electoral law will be

47 points.

From the standpoint of the state bodies developing the legislative acts, the readiness

to discuss the proposals and comments of citizens in public discussions in the field

of electoral law will be 75 points.


the comments received, of which 63.8% (157) included 93 regulations.

The impact index on legislative activities in the field of Kazakhstan suffrage will be

76 points.

30

2.3. TRANSPORT (507 DRAFT LEGAL ACTS)


In the field of transport, according to the plan of legislative work for 2018, it was

supposed to adopt 1 law: «On amendments and additions to some legislative acts of

the Republic of Kazakhstan on transport issues». The deadline for coordination with

the Ministry of Justice is February, and it will be submitted to Parliament in May

2018.

The analysis of the portal «Open nomative legal acts» showed that the concepts of

the above bills were put up for public discussion in August 2017. Both versions did

not receive any comments or suggestions from portal users.

The draft law by the Government Decree of May 31, 2018 No. 303 is sent for

consideration to the Mazhilis of the Parliament. The draft law was not found on the

Portal «Open regulatory legal acts» and on the official web resource, so it is difficult

to conduct a quantitative and qualitative analysis of citizen participation in

legislative activities. The law was adopted by Parliament on April 19, 2019, a year

later than provided for by the bill work plan.5.

Despite this, in addition to the draft legal acts stipulated by the plan, an additional

507 draft legal acts in the field of transport and communications were submitted for

public discussion. By types of legal acts, these were analyzes of regulatory

development, concepts to laws, laws, international agreements, decrees, orders,

standards and regulations of public services.

№ Type of legal acts Number of normative

legal acts

Comments received


1. Law 9 0 0 2. Concept 4 0 0 3. Regulatory

Impact Analysis 6 2 to 2 projects 2

4. Decision - the developer of the central government agency


5. Decision - developer of the local executive body


93

6. The position of 2 1 to 1 project 1

5 http://zan.gov.kz/client/#!/md/130744/rus

http://zan.gov.kz/client/#!/md/130744/rus

31

the central government agency

7. Order of the central government agency


8. International agreement

3 0 0

9. The decision of the local executive state body






12. TOTAL 507 245 to 129 projects

190

The dynamics of public discussion of draft legal acts in the field of transport

Monthly, users of the Portal «Open regulatory legal acts» were invited to participate

in the discussion of about 42 draft legal acts in the field of transport, the largest

number of which occurred in October, November and January 2018.

Publication of draft legal acts on the portal in the field of transport by month

At the level of central government bodies, the developer of 219 draft legal acts was

the Ministry of Industry and Infrastructure Development, the Ministry of

Information and Communications - 31, the Interior - 4, Justice - 2, and the first - the

Ministry of Energy and Finance.

57

47

25

33

46 47

38 40

47

59 58

10

0

10

20

30

40

50

60

70

32


akimats of the Zhambyl, Turkestan, Aktobe and Kostanai regions were submitted for

public discussion. Least of all drafts of regulatory legal acts in the field of transport

and communications were developed by the akimats of the Almaty region, the cities

of Nur-Sultan and the city of Shymkent.

Проекты НПА в сфере транспорта в региональном разрезе

A quantitative analysis showed that in the field of transport, comments were

received by 25% (129) of 507 draft legal acts. A total of 245 comments were

received from users of the Portal «Open regulatory legal acts» , up to 77.5% (190)

of which state-developer bodies provided explanatory answers.

Minimal participation in the discussion of draft normative legal acts is observed in

Pavlodar, Kostanay and Aktobe regions, despite the fact that these regions more

than others proposed bills for public discussion. The number of comments on one

document varies between 1–38, but 68% do not exceed 1 comment.

By types of regulatory legal acts, the largest number of comments was received on

draft decrees (54%) and decisions (8.5%) of akimats of orders, ministries (22.9%),

and standards for the provision of public services (7.3%). Less than a third of the

comments were received on draft resolutions (3%) of ministries.

A detailed analysis showed that the largest number of comments were sent by users

of the Open Normative Legal Acts portal on draft resolutions:

20

5

2

2

2

5

4

5

3

5

1

4

2

0

3

1

0

30

24

22

20

20

18

16

13

12

9

8

7

6

5

5

4

4

0 5 10 15 20 25 30 35

Zhambyl

Turkestan

Aktobe

Kostanay

Pavlodar

East Kazakhstan

North Kazakhstan

West Kazakhstan

Karaganda

Almaty city

Akmola

Mangistau

Kyzylorda

Atyrau

Nur Sultan

Almaty

Shymkent • Draft regulatory legal acts published on the

portal “Open regulatory legal acts”

• Share of draft legal acts with comments

following public discussions

33

- Akimat of Nur-Sultan on amendments to the tariff setting of passenger

traffic in urban and suburban traffic - 38;

- Decisions of the Akimat of Almaty on paid parking lots - 10, similar parking

lots in the city of Nur-Sultan - 8;

- amendments by the Ministry of Internal Affairs to the standard for ensuring

road safety - 7.

In the regional context, the most comments were received on draft laws developed

by the akimats of Nur-Sultan, Almaty and the Zhambyl region, fewer comments on

draft laws of the Akmola, Almaty and Kyzylorda regions, and no comments were

received on draft laws of the Atyrau region and Shymkent.

Comments and remarks on draft legal acts in the field of transport

On the part of the authorities, the interaction with participants in the public

discussion on the portal «Open regulatory legal acts» was carried out in different

dynamics. So, all the comments of the participants in the public discussions of the

draft laws were answered by the state bodies of Nur-Sultan, Almaty, Turkestan,

Akmola, Almaty and Kyzylorda, East Kazakhstan, Kostanay and Pavlodar regions.

More than half of the comments were commented by state bodies of the West

Kazakhstan and Karaganda regions. The comments of participants in public

discussions in the Zhambyl and North Kazakhstan regions were least taken into

account, and not at all in the Aktobe and Mangystau regions.

48

15

0 1 1

5

0

6

29

6 5 3 2

9

3

8 7

48

15

0 1 1 0 0

6

11

4 4 3 2 0

3 1

7

0

10

20

30

40

50

60 • Comments of participants in public discussions of

draft legal acts

• Responses of government agencies developing draft

legal acts to comments

34



1. In the field of transport, there is a degree higher than the average norm-

setting, the leaders are 5 regions of Kazakhstan, which developed more than 20

draft legal acts in 2018. Moreover, in these areas (with the exception of Zhambyl),

there is a low degree of civic participation in the discussion of draft laws.

2. The authorities (with the exception of the Aktobe region) have a high

degree of interest in studying and responding to comments received. In the

Zhambyl, North Kazakhstan, Aktobe and Mangystau regions, less than half were

taken into account or the proposals of citizens received during the public discussion

of draft legal acts were not taken into account at all.


For a qualitative analysis of the degree of influence on the legislative process, 245

comments of citizens and 190 responses of state bodies to 129 draft legal acts in the

field of transport were studied.

A study of the responses of state bodies showed that all comments and suggestions

were mostly made by one person and related to technical errors in the design of

texts of draft legal acts and violation of the terms of public discussion on the portal

(draft legal acts developed by the Ministry of Infrastructure Development).


• 74 (30%) were left unanswered,

• 52 comments (21%) to 17 draft legal acts were refused, including 3

comments gave explanations, another 33 conceptual disagreements from

different citizens with the proposed innovations were refused,

• 119 (48%) comments on 82 draft regulatory acts were approved and

accepted by the developers, while 6 comments related to violations of the

deadline for discussing draft regulatory acts on the portal, of which

• 70 (28.5%) of citizens' proposals were included in the approved 50

normative acts.

35

Analysis of work with proposals of citizens in the field of transport

Citizens' proposals were accepted mainly under by-laws, as orders, standards and

regulations. The degree of influence on the legislative activity of citizens can be

estimated as below average, in addition, all proposals were sent mainly by one

person and related to issues of technical design of texts, indication of dates and

links, grammatical and stylistic errors.

To the conceptual objections and disagreements of citizens, the state bodies -

developers either provided explanations or refused to accept the arguments for

further work and accordingly their proposals were not included in the final

documents.

Thus, government agencies, transport project developers, heed technical comments.


transport


507) of draft legal acts in the field of transport. Government agencies that have

developed draft legal acts have responded to 77.5% (190 out of 245) of the

comments.

The index of participation in the discussion of bills in the field of agriculture will be

25 points.

From the point of view of the state bodies developing the laws and regulations, the

readiness to discuss proposals and comments of citizens in public discussions in the

field of transport will amount to 49.8 points.


the comments received, of which 28.5% (70) included the final 50 regulations.

The impact index on legislative activity in the transport sector of Kazakhstan will be

34.8 points.

74

52

119

70

ignored

refused

approved by


36

2.4. HISTORICAL AND CULTURAL HERITAGE (5 DRAFT NORMATIVE ACTS)

Quantitative and qualitative analysis of participation in the discussion of draft

legal acts

In the field of culture and historical and cultural heritage, according to the plan of

legislative work for 2018, it was supposed to adopt 2 laws:

• On the protection and use of objects of historical and cultural heritage.

• On introducing amendments and addenda to some legislative acts of the

Republic of Kazakhstan on the protection and use of historical and cultural

heritage.

The term for coordination with the Ministry of Justice is January, and it will be

submitted to Parliament in May 2018.

The draft amendment law was submitted for discussion in January 2018 and there

were no proposals from citizens or companies from users of the portal «Open

regulatory legal acts» 6.

According to the law on the protection and use of objects of historical and cultural

heritage, it was established that the draft law on May 31, 2018 by Government

Decision No. 301 was sent for consideration to the Mazhilis of the Parliament7. But

on the portal «Open regulatory legal acts» there was no information on holding a

public discussion of this bill.

Both bills are not registered with the reference control bank of regulatory legal acts

of the Ministry of Justice. From which we can conclude that the draft laws are under

consideration in parliament. It is not possible to conduct an analysis of public

participation and influence on these draft normative legal acts.

Despite this, in 2018, 90 draft legal acts were submitted for public discussion in the

field of culture. On issues of historical and cultural heritage, citizens on the portal

«Open regulatory legal acts» were invited to make comments in 5 draft legal acts: a

law, a decree, an order, and two decisions.

№ Type of legal acts Number of normative legal acts

Comments received


1. Law 1 0 0 2. Decision - the

developer of MIO 1 0 0


1 5 to 1 project 5

6 https://legalacts.egov.kz/npa/view?id=1854281

7 http://adilet.zan.kz/rus/docs/P1800000301

https://legalacts.egov.kz/npa/view?id=1854281

http://adilet.zan.kz/rus/docs/P1800000301

37


2 0 0

5. TOTAL 5 5 to 1 project 5 The dynamics of public discussion of draft legal acts in the field of historical and cultural

heritage

In the distribution by month, the projects are published for discussion (one at a

time) in January, March, August, October and November 2018.

The Ministry of Culture and Sports has published two draft normative legal acts, one

each - akimats of Aktobe, Mangistau and North Kazakhstan region.

Only 1 out of 5 draft normative legal acts received 5 comments - a draft order of the

Minister of Culture and Sports on the approval of risk assessment criteria and a

checklist for the protection and use of historical and cultural heritage sites.

All 5 comments were sent by one person and contain information about stylistic and

grammatical errors in the draft normative legal act. All comments were taken into

account and accepted into the work, but only 2 were reflected in the adopted

normative act.

Thus, a quantitative analysis of participation in the discussion of draft normative

legal acts in the field of historical and cultural heritage showed a low degree of rule-

making and civic participation in the discussion of draft laws on the subject of

historical and cultural heritage. The authorities noted a high degree of interest in

responding to comments received.


historical and cultural heritage

The users of the Portal «Open regulatory legal acts»commented on 20% (1 of 5)

NPA projects in the field of historical and cultural heritage. State bodies, developers

of draft regulatory legal acts, responded to 100% (5 out of 5) of comments.

The index of participation in the discussion of bills in the field of historical and

cultural heritage will be 20 points.

From the standpoint of state bodies that develop normative legal acts, readiness to

discuss proposals and comments of citizens will amount to 100 points.

The government agencies developers approved the work of all 100% of the

comments on the 1st draft of the regulatory act. The final document included 40%

(2) of citizens' proposals.

The index of influence on legislative activities in the field of historical and cultural

heritage will be 40 points.

38

2.5. SPORT (56 DRAFT NORMATIVE ACTS)


In the field of sports, according to the plan of legislative work for 2018, it was

supposed to adopt 1 law: «On Amendments and Additions to Some Legislative Acts

of the Republic of Kazakhstan on Physical Culture and Sports».

In addition to the 1 law stipulated by the plan, in legislative work at the republican

and regional levels, 55 draft legal acts in the field of sports were submitted for

public discussion: law, decrees, orders, standards and regulations of public services.


legal acts

Comments received


1. Law 2 0 0 2. Order of the central

government agency 21 10 to 3 projects 10

3. Decision - developer central government agency

4 0 0

4. Decision - Developer Local Executive



2 0 0

6. The decision of the local executive state body

1 0 0


7 4 to 2 projects 4


1 0 0

9. TOTAL 56 29 to 11 projects

23

The dynamics of public discussion of draft legal acts in the field of sports

Monthly publication of draft legal acts on the portal in the field of sports

3 5

1 3 3

4 2

10 11

3

6 4

02468

1012

39


akimats of the Mangistau and North Kazakhstan regions were submitted for public

discussion; in 7 regions, not a single draft legislative act was developed.

Draft regulatory legal acts in the field of sports in the regional context

A quantitative analysis showed that users of the Portal «Open regulatory legal

acts»commented on one fifth of the share (56% of 11) of 56 draft legal acts in the

field of sports. Government development agencies provided 72% (24) of 29

comments with explanatory answers.

Most comments were received on draft resolutions of akimats (45%). There was no

civil discussion on draft laws, decrees and orders of the Ministry of Culture and

Sports, decisions of akimats and regulations of public services.

The largest number of comments was received on the draft order of the Ministry of

Culture and Sports on amendments to the rules for accreditation of trainers and the

resolution of the Atyrau region - 4 comments each. The number of comments on a

single document varies between 1-3.

In the regional context, users showed the greatest activity in the discussion of draft

legal acts from Atyrau and Mangistau regions. We did not participate in the

discussion of draft normative acts developed by akimats of Turkestan, North

Kazakhstan, Kostanay, Karaganda, Almaty regions.

1 1 1 1 1 1 2

3 4 4

0 1 1 1

1 1

0

0

0

2

0

1

2

3

4

5

6

7• Draft regulatory legal acts published on the portal

“Open regulatory legal acts”

• Share of draft legal acts with comments following

public discussion

40

Comments and remarks on draft legal acts in the field of sports

The interaction of the developer bodies with the participants of the public

discussion on the portal «Open regulatory legal acts» was carried out at a fairly high

level. All comments were answered from the cities of Nur-Sultan, Atyrau and West

Kazakhstan, and half - from the Mangistau region.


the field of sports showed the following:

1. In the field of sports, a low degree of norm-setting is observed, the leaders

are the Ministry of Culture and Sports and 2 regions of Kazakhstan, which

developed 36 and 4 draft legal acts in 2018, respectively.


proposals proposed by the authorities to discuss draft legal acts and is fixed at a

level below the average. In the Karaganda and Kostanai regions, the developers

ignored the already small comments of citizens.


A study of the responses of state agencies on 29 comments to 11 draft legal acts

from users of the Portal «Open regulatory legal acts» showed that the comments

and comments were made by one person. There were no comments on the bill in

two editions, provided for by the bill work plan.


3 (10%) were left unanswered,

4 (13.7%) comments on 3 draft legal acts were refused;

22 (75.8%) comments on 9 draft legal acts were approved and accepted by

the developers, of which

10 (34%) of citizens' proposals were included in the approved 7 regulatory

acts.

2

4

1 1 1

6

2

4

1

0 0

3

0

1

2

3

4

5

6

7

Nur Sultan Atyrau WestKazakhstan

Karaganda Kostanay Mangistau

Comments of participants

in public discussions of

draft legal acts

Answers of government

agencies-developers of

draft legal acts

на комментарии

41

Analysis of work with proposals of citizens on the topic of sports

There were no conceptual proposals for draft legal acts in the field of sports. Thus,

government agencies, draft law developers, listen to comments on technical issues.

Index of participation and influence on legislative activity in the field of sports

The users of the portal «Open regulatory legal acts» commented on 19% (11 of 56)

draft normative legal acts in the field of sports. State bodies, developers of draft

regulatory legal acts, responded to 72% (24 of 29) of the comments.

The index of participation in the discussion of bills in the field of sports will be

19 points.

From the point of view of state bodies, developers of regulatory legal acts, the

willingness to discuss the proposals and comments of citizens will be 75.8 points.

Of the 29 comments, government development agencies approved 75.8% (22) of the

proposals, of which 34% (10) included 7 regulations.

The impact index on legislative activities in the sports sector of Kazakhstan will be

34.6 points.

3

4

22

10 ignored

refused

approved by


42

2.6. STATE AUTHORITIES OF BRANCHES OF AUTHORITY (6 DRAFT LEGAL

ACTS)


legal acts

In 2018, the Ministry of National Economy of Kazakhstan undertook to adopt 1 law

on the redistribution of powers between levels of government.

The analysis of draft legal acts published on the Portal «Open regulatory legal

acts»showed that within the framework of this bill, the Ministry of National

Economy published 6 draft legal acts for discussion with the public, including one

concept and 5 versions of the draft law with different amendments.


legal acts

Comments received Government responses to

comments

1. Concept 1 0 0 2. Law 5 3 to 2 projects 3 3. TOTAL 6 3 to 2 projects 3

The dynamics of public discussion of draft legal acts on the redistribution of powers

Users of the Portal «Open regulatory legal acts»were invited to participate in the

discussion of draft legal acts in January (1), June (1), August (2), October and

November (1 each).

The developer of all 6 draft normative legal acts was the Ministry of National

Economy.

A quantitative analysis showed that users of the Portal «Open regulatory legal

acts»commented on 2 (33%) of the 6 draft legal acts on the redistribution of state

powers. Government development agencies provided 100% (3) commentary

explanations.

A qualitative analysis showed that out of three proposals sent by one person: one

was refused consideration, two were accepted for work and one was reflected in the

bill. Concerning the final version of the law, it is impossible to draw conclusions in

connection with the postponement of the adoption of the law to December 2019.

Thus, a quantitative and qualitative analysis of participation in the discussion of

draft regulatory legal acts on the redistribution of state powers showed the

following:

1. There is an active rule-making process on the topic of redistribution of power,

which is confirmed by five versions of the bill published for public discussion.

43

2. On the part of users, activity is low. The authorities responded to all the

citizens’ proposals, but a qualitative analysis showed that only one proposal

received during the public discussion was reflected in the bill. The law has not yet

been adopted8.

Index of participation in legislative activities in the field of redistribution of

power


draft legal acts in the field of redistribution of power. State authorities, developers

of draft regulatory legal acts have responded to 100% (3) comments.

The index of participation in the discussion of bills in the field of redistribution of

power will be 33 points.

From the standpoint of state bodies that develop normative legal acts, the readiness

to discuss the proposals and comments of citizens in public discussions will be 66

points.

The index of influence on legislative activities in the framework of the redistribution

of power is not applicable, since the final version of the law has not been adopted.

8 As of December 4, 2019.

44

2.7. HOUSING AND COMMUNAL SERVICES (51 DRAFT LEGAL ACTS)


In the field of housing and communal services, according to the plan of legislative

work for 2018, it was supposed to adopt 1 law: «On Amendments and Additions to

Some Legislative Acts of the Republic of Kazakhstan on Housing and Communal

Services».

An analysis of the portal «Open regulatory legal acts» showed that the bill was

submitted for public discussion in January 2018, and there were no proposals or

comments to it.

In addition to the draft normative legal act stipulated by the plan, another

50 projects in the field of housing and communal services were submitted for public

discussion. These were analyzes of regulatory development, decisions, orders,

standards and regulations of public services.


legal acts


comments

1. Law 1 0 0 2. Regulatory

Development Analysis

1 0 0

3. Decision - developer of the central government agency

1 0 0






1 0 0


2 0 0


7 4 to 3 projects 2

9. TOTAL 51 25 to 15 projects 22 The dynamics of public discussion of draft legal acts in the housing sector

Each month, users of the Portal «Open regulatory legal acts» were invited to

participate in the discussion of about 5 draft legal acts in the field of housing and

communal services, the largest number of which occurred in January, April and

October 2018.

45

Publication of draft legal acts on the portal in the housing sector by months

At the level of central government bodies, the developers of 17 draft legal acts were:

the Ministry of Industry and Infrastructure Development - 12, digital development -

2, energy - 2, and agriculture - 1.

In the regional context, more often than others, the draft laws developed by the

akimat of the Kostanai region - 16 were submitted for public discussion. It is

noteworthy that 7 regions did not publish projects in the housing sector in 2018 for

public discussion: Kyzylorda, Zhambyl, Almaty, North Kazakhstan, Pavlodar, East -

Kazakhstan, Aktobe.

Regional projects in the field of housing and communal services

A quantitative analysis showed that 29% (15) of 51 draft LAs in the housing sector

received comments based on public discussions. A total of 25 comments were

received, 80% (22) of which the state-owned development agencies provided

explanatory answers.

Minimal participation in the discussion of draft legal acts is observed in the

Kostanay and Turkestan regions, cities. Shymkent and Almaty, despite the fact that

5 3

0

4

7

3 3 4

3

11

5

2

0

2

4

6

8

10

12

0

2

1

1

1

2

1

1

0

0

2

17

1

1

3

3

1

1

1

3

0 5 10 15 20

Turkestan

Kostanay

West Kazakhstan

Karaganda

Almaty city

Akmola

Mangistau

Atyrau

Nur Sultan

Shymkent • Draft normative legal acts published on the

portal «Open regulatory legal acts»



46

these regions often proposed bills for public discussion. The number of comments

on a single document varies between 1–2.

By types of legal acts, the largest number of comments was received on draft orders

of ministries, resolutions of akimats and regulations for the provision of public

services. There are no comments on draft laws, resolutions of ministries, decisions

of akimats and standards of public services.

A detailed analysis showed that the largest number of comments - 5 were related to

the draft amendments of the Ministry of Energy to the rules for maintenance and

repair of equipment, buildings and structures of power plants, thermal and

electrical networks.

In the regional context, the most comments were received on draft legal acts

developed by akimats of the Kostanai and Akmola regions.

No comments were received on draft legal acts developed by the akimats of

Shymkent, Nur-Sultan, Turkestan, and Karaganda regions.

Comments and remarks on the draft laws in the field of housing and communal services

On the part of the authorities, interaction with participants in public discussions

was carried out at a high level. So, akimats of four out of six regions reacted to all

comments.


the housing and communal services sector showed the following:

1. A low degree of norm-setting is observed, the leaders are the Ministry of

Industry and Infrastructure Development and the Akimat of the Kostanai region,

which published more than half of all projects in the housing sector for public

discussion.

2. In the regional context, there is a degree below the average participation of

citizens in the discussion of draft legal acts, on the part of the authorities, the

discussion of comments was conducted at a high level. In three regions, state bodies

2 2

1

2

4

1 2

0

1

2

4

0 0

1

2

3

4

5Comments of participants

in public discussions of

draft legal acts

Answers of government

agencies-developers of

draft legal acts

на комментарии

47

- developers of draft laws did not take into account the comments of participants in

public discussions.



field of housing and communal services, 25 comments and 22 responses from

government agencies to 15 draft legislative acts were analyzed.

A study of the responses of state bodies showed that all comments and suggestions

were proposed by one person and related to both conceptual positions and

technical errors in the design of texts of draft legal acts and violation of the terms of

public discussion on the portal (draft legal acts developed by the Ministry of

Infrastructure Development).



• 5 (20%) comments on 4 draft legal acts were rejected, including 2

explanations were given,

• 17 (68%) comments on 9 draft legal acts were approved and accepted by

the developers,

• 8 (32%) of citizens' proposals were included in the approved 5 regulatory

acts.

Analysis of work with the proposals of citizens in the housing sector

The proposals were accepted under by-laws, as orders, standards and regulations.


legislative activity of citizens can be estimated as below average and mainly

technical in nature.

To the conceptual objections and disagreements of citizens, the state bodies -

developers either provided explanations or refused to accept the arguments for

further work and accordingly their proposals were not included in the final

documents.

3

5

17

8

ignored

refused

approved by


48

Thus, government bodies, developers of draft laws and regulations in the field of

housing and communal services listen to comments of a technical nature.

Index of participation and impact on legislative activity in the housing sector


draft regulatory legal acts in the field of housing and communal services. State

authorities, developers of draft regulatory legal acts, responded to 80% (22 out of

25) of comments.

The index of participation in the discussion of bills in the housing sector will be

29 points.

From the point of view of state bodies developing normative legal acts, the

readiness to discuss the proposals and comments of citizens in public discussions

will be 76 points.

Of the 25 comments, government development agencies approved 68% (17) of the

proposals, of which 32% (8) included 5 regulations.

The impact index on legislative activity in the housing and communal services

sector of Kazakhstan will amount to 25.8 points.

49

2.8. HEALTHCARE (247 DRAFT NORMATIVE ACTS)


In the field of healthcare, according to the plan of legislative work for 2018, it was

supposed to adopt 1 law: «On amendments and additions to some legislative acts of

the Republic of Kazakhstan on healthcare».

In addition to 1 law stipulated by the plan, 246 draft regulatory acts in the field of

healthcare were submitted for public discussion. By types of legal acts, these were

laws, concepts to laws, decrees, orders, standards and regulations of public services.


legal acts


comments

1. Law 1 0 0 2. Concept 2 2 to 2 projects 2 3. Regulatory Impact

Analysis 1 0 0

4. Decision - developer central government


5. Regulation - Developer Local Executive Authorities


6. Order central government bodies

142 268 to 58 projects 249

7. Disposition of central government bodies

1 0 0

8. Local executive authority

1 2 to 1 project 0

9. Decision of local executive bodies



6 4 to 3 projects 4


1

2 to 1 project 2

12. TOTAL 247 309 to 85 projects 284 The dynamics of public discussion of draft legal acts in the field of healthcare


participate in the discussion of about 20 draft legal acts in the healthcare sector, the

largest number of which occurred in April, May, June, July and October 2018.

50

Publication of draft legal acts on the portal in the field of healthcare by month

At the level of central government bodies, the developer of 181 draft regulatory acts

was the Ministry of Health, 4 the Ministry of the Interior, and the first was the

Ministry of Justice and the National Economy.


akimats of the North Kazakhstan, Kyzylorda, Turkestan and Akmola regions were

submitted for public discussion. The Akimats of the Mangystau and Zhambyl

Regions developed the least legislative projects in the healthcare sector, none of

them were in Shymkent.

A quantitative analysis showed that out of 247 draft regulatory legal acts in the field

of healthcare, 34% (85) of them received comments. In total, 309 comments were

received from users of the Portal «Open regulatory legal acts», 91% of which (284)

were provided by government developers with explanations.


draft orders of ministries (86.7%) and decisions of oblast akims (5.8%). For other

types of regulatory legal acts, less than 5% of draft laws were subject to discussion.

Minimal participation in the discussion of draft legal acts is observed in the North

Kazakhstan, Akmola and Kostanai regions, despite the fact that these regions more

often proposed bills for public discussion. The number of comments on one

21 23

15

26 25 25 25

14

18

26 24

9

0

5

10

15

20

25

30

51

document varies between 1–122, but two thirds do not exceed 1 comment.

Draft regulatory legal acts in the field of healthcare in the regional context

A detailed analysis showed that no comments were received on the draft law

stipulated by the plan, while the bulk of the comments and suggestions of users of

the Portal «Open regulatory legal acts» were received on draft by-laws of the

Ministry of Health:

122 comments related to the draft order of the Ministry of Health on amending

the list of socially significant diseases and diseases that pose a danger to

others.

21 comments were sent on the draft order of the Ministry of Health on

amending certain orders of the Ministry of National Economy.

5 comments on the draft Ministry of Health on amending the rules for the

examination of temporary disability, the issuance of a sheet and a certificate of

temporary disability.

In the regional context, more comments were received on draft legal acts developed

by akimats of Pavlodar, Turkestan and Kyzylorda regions.

0

0

0

0

1

0

2

0

3

0

1

1

1

1

3

2

1

0

1

2

3

3

3

3

3

4

4

4

4

5

6

6

6

7

0 2 4 6 8

г. Шымкент

Жамбылская

Мангистауская

Актюбинская

ВКО

Карагандинская

г. Алматы

г. Нур-Султан

Павлодарская

Алматинская

ЗКО

Атырауская

Костанайская

Акмолинская

Туркестанская

Кызылординская

СКО

• Draft regulatory legal acts published on

the portal “Open regulatory legal acts”



52

Comments on the draft regulatory acts in the field of healthcare in the regional context



dynamics. So, all the comments of the participants in the public discussions of the

draft laws were answered by the state bodies of Almaty, Nur-Sultan, West

Kazakhstan, Kostanay, Pavlodar, North Kazakhstan and Turkestan regions.

Least of all were the comments of participants in public discussions in the Akmola,

East Kazakhstan, and Kyzylorda regions.

Thus, a quantitative analysis of participation in the discussion of draft regulatory

legal acts in the field of healthcare showed the following:

1. In the health sector, a degree is above the average of rule-making; the

Ministry of Health became leaders and 4 regions of Kazakhstan, which developed

more than 200 draft legal acts in 2018. Moreover, in these areas there is a low

degree of civic participation in the discussion of bills. But on the part of the

authorities there is a high degree of interest in studying and responding to

comments received.


proposals proposed by the authorities to discuss draft legal acts and generally

remains low. In Akmola, East Kazakhstan and Kyzylorda oblasts, authorities

responded to less than half of the comments received during a public discussion of

draft legal acts.



health sector, 309 comments of citizens and 284 responses of state bodies to 85

draft legal acts were analyzed.

1 1 0

2

0 0 0

2

0 1

0

1

4

0

8

2

7

1 1 0 0 0 0 0 0 0

1

0

1 1 0

8

2

7

0123456789 • Comments of participants in public discussions of draft

legal acts

• Responses of government agencies developing draft legal

acts to comments

53


regarding errors in the design of texts of draft legal acts, links to other norms and

violation of the terms of public discussion on the portal were proposed by one

person.



• 14 (4%) comments on 13 draft legal acts were rejected, another 123 (39.8%)

objections to 1 draft were clarified,

• 151 (48.8%) comments on 68 draft legal acts approved and adopted by the

developers, of which

• 91 (29%) of the citizens' proposals were included in the approved 45 regulatory

acts,

• 15 (4.8%) draft NLAs following the discussion were not accepted by the

authorities and were not put into effect.

Analysis of work with proposals of citizens in the field of healthcare

Proposals were accepted mainly under by-laws, as orders, standards and

regulations.


legislative activity of citizens can be estimated as high.

So, 122 objections of the portal users during a two-stage discussion of the draft

amendments restricting the situation of people with diabetes made it impossible for

the draft order to be signed9.

Thus, we can conclude that in the field of healthcare, state bodies, developers of

draft regulatory acts listen to the conceptual and technical comments.

9 http://adilet.zan.kz/rus/docs/V1500011512/history

25 14

136

91

123

ignored

refused

approved by


даны разьяснения

http://adilet.zan.kz/rus/docs/V1500011512/history

54

Health Involvement and Impact Index on Legislation

The users of the Portal «Open regulatory legal acts» commented on 34% (85 of 247)

of public health projects. Government agencies that have developed draft legal acts

have responded to 91% (284 of 309) of the comments.

The index of participation in the discussion of bills in the health sector will be

34 points.

From the point of view of the state bodies developing the regulatory acts, the

readiness to discuss the proposals and comments of citizens in public discussions

will be 88.6 points.

Of the 309 comments, government development agencies approved 48.8% (151) of

the comments received, of which 29% (91) were included in 45 normative acts,

another 15 (4.8%) of draft legal acts were not accepted by the authorities on user

recommendations and not put into effect.

The impact index on legislative activities in the healthcare sector of Kazakhstan will

be 46 points.

55

2.9. PAYABILITY AND BANKRUPTCY OF CITIZENS (7 DRAFT LEGAL ACTS)


legal acts

According to the plan of legislative work for 2018, it was supposed to adopt 3

normative acts:

1. On introducing amendments and additions to some legislative acts of the

Republic of Kazakhstan on improving the procedures for rehabilitation and

bankruptcy (the deadline for coordination with the Ministry of Justice is April,

and introducing it to the parliament is August 2018),

2. On the restoration of the solvency of citizens of the Republic of Kazakhstan

(the deadline for coordination with the Ministry of Justice is March, and

submitting it to parliament is June 2018),

3. On introducing amendments and addenda to some legislative acts of the

Republic of Kazakhstan on the issues of restoring the solvency of citizens of

the Republic of Kazakhstan (the deadline for coordination with the Ministry of

Justice is March, introduction to the parliament - June 2018).

In total, 7 draft legal acts were submitted for public discussion: 3 draft concepts and

4 draft laws.

2 comments were received on 1 draft law on amendments to the procedure for

restoring the solvency of citizens. Both comments were sent by one person and

related to violations of the Ministry of Finance regarding the terms of public

discussion of the project and the missing documents.

The comments of the state body-developer of the draft regulatory legal act have

been fully corrected.

In June 2018, two bills on restoring the solvency of citizens of Kazakhstan by a

government decree were excluded from the bill work plan for 201810, but in

November 2018 a government decree was passed on introducing two bills to the

lower house of parliament11. As of December 4, 2019, draft laws did not leave

parliament.

The bill on restoring the solvency of citizens has not reached the procedure for

consideration in parliament.

10

http://adilet.zan.kz/rus/docs/P1800000396 11http://adilet.zan.kz/rus/docs/P1800000800 – amendments to the solvency restoration procedure; http://adilet.zan.kz/rus/docs/P1800000800 – amendments to the rehabilitation and bankruptcy proceedings




56

Index of participation and influence on legislative activity in solvency and

bankruptcy of citizens

Users of the Portal «Open regulatory legal acts» commented on 1 out of 7 draft legal

acts. The government agency-developer responded to all comments received and

took measures to eliminate the comments. Thus,

The index of participation in the discussion of bills in the field of solvency will be

14 points.

From the point of view of the state bodies developing NLA, readiness to discuss

proposals and comments of citizens will amount to 100 points.

The index of influence on legislative activity in the field of solvency and bankruptcy

of citizens is not applicable, since the project has not been adopted and has not

entered into force.

57

2.10. BUDGET, TAXES AND FINANCE (1 995 DRAFT LEGAL ACTS)


In the budget sphere, according to the bill for 2018, it was planned to adopt 2 laws:

«On the republican budget for 2019 - 2021»,

«On the guaranteed transfer from the National Fund of the Republic of

Kazakhstan for 2019 - 2021».

A detailed analysis showed that there was one comment on the draft law on the

republican budget, which was incorrectly answered, and the state agency-developer

did not attach the draft files, and in fact, the discussion of the draft republican

budget was not possible to get acquainted with it in the framework of public

discussion. There were no suggestions or comments on the guaranteed transfer bill.

In addition to the 2 laws stipulated by the plan, in the legislative work at the

republican and regional levels, 1,995 draft legal acts were submitted for public

discussion. Regulatory spheres, draft legal acts were subdivided into projects in the

field of budget (658), taxes (950) and financial regulation (387).

Draft normative legal acts in the context of the subject of regulation

By types of legal acts, these were laws, concepts to laws, decrees, orders, standards

and regulations of public services.


legal acts


comments

1. Law 10 1 1 2. Concept 3 0 0 3. Regulatory Impact

Analysis 19 17 to 17 projects 16

4. Decision - the 261 24 to 21 projects 24

658

950

387

budget

taxes

financial and banking activities

58

developer of the central state body


175 189 to 89 projects 144


279 108 to 42 projects 104

7. Order of the local executive body

1 0 0

8. Order of the central state agency

1 0 0

9. Decree 2 0 0 Decision of the

central state authority

5 8 to 4 projects 8


1229 1204 to 583 projects 819


7 1 0


3 0 0

13. TOTAL 1995 1561 to 758 projects 1129 The dynamics of public discussion of draft legal acts on budget, taxes and finances


participate in the discussion of about 165 draft legal acts, the largest number of

which occurred in January, February, October and November 2018.

Publication of draft legal acts on the portal in the field of budget and taxes by months

277 299

144 154 140

111 107 91

131

165

238

138

0

50

100

150

200

250

300

350

59

At the level of central government bodies, the developers of 564 draft laws were the

Ministry of Finance - 350 draft laws, the National Bank - 171, the State Revenue

Committee - 17, the Ministry of National Economy - 12, energy - 6, and foreign

affairs - 4. For the first draft, the draft laws were developed ministries of digital

development, defense, information and communications, industry and

infrastructure development, the State Property and Privatization Committee.

In the regional context, more often than others, draft laws and regulations

developed by akimats of Almaty, Akmola, East Kazakhstan and Atyrau regions were

submitted for public discussion. Least of all NAP projects in the field of budget, taxes

and finance were developed by the Akimats of Almaty, Nur-Sultan, none of them -

Shymkent.

A quantitative analysis showed that out of 1 995 draft legal acts in the field of

budget, taxes and finance, 38% (758) of them received comments. A total of 1 561

comments were received, 72% (1 129) of which the state-owned development

agencies provided explanatory answers.

Budget regulatory projects by central government

Minimal participation in the discussion of draft legal acts is observed at the National

Bank, ministries of national economy, industry and development and finance. In the

regional context, participation is observed at the average level, about 1/3 of the

draft legal acts are minimally commented.

171

6 1

350

1 12 1 4 1 17 1 14 1 0

51

0 0 1 1 0 0 0 0

50

100

150

200

250

300

350

400 • Draft normative legal acts published

on the portal “Open Regulatory Legal

Acts”



discussions

60

The number of comments on one document varies between 1–45, two thirds make

up 3-4 comments on one document.

Draft regulatory legal acts in the field of budget and taxes in the regional context

By types of legal acts, the largest number of comments was received on draft

analyzes of regulatory development (89%), decisions of ministries (80%), decisions

(50%) and decisions of akimats (47%). Less than a third of the comments were

received by draft orders (15%) and decrees (8%) of central authorities.

Most comments received:

55 - according to the draft amendments of the Ministry of Finance to the rules

of public procurement,

10 - according to the draft decision of the maslikhat of Taraz on land tax rates,

9 - according to the draft Kokpektinsky regional budget of East Kazakhstan

region,

8 - on draft decisions of the Maslikhat of Shet district of Karaganda region on

land tax rates and the maslikhat of Uralsk on taxes on currency exchange

offices,

7 - on draft decisions of maslikhats in Pavlodar, Chingirlau district of West

Kazakhstan, Makat district of Atyrau and Shet district of Karaganda regions

on uniform fixed and land tax rates,

110

84

50

51

86

56

35

46

19

41

29

31

21

16

2

3

0

220

199

154

149

135

102

73

70

66

65

50

44

40

38

4

3

0

0 50 100 150 200 250

Almaty

Akmola

Kostanay

North Kazakhstan

East Kazakhstan

Atyrau

Pavlodar

Mangistau

Aktobe

Karaganda

West Kazakhstan

Zhambyl

Turkestan

Kyzylorda

Almaty city

Nur Sultan

Shymkent • Draft regulatory legal acts

published on the portal “Open

regulatory legal acts”



discussions

61

6 - to 15 draft budgets and taxes of Atyrau, Turkestan, Zhambyl, Mangistau,

Kegen, Ili, Alakol districts of Almaty, Kurchum district of East Kazakhstan,

Arshaly district of Akmola, Balkhash district of Karaganda, district named

after G. Musrepova of the North Kazakhstan regions and the draft

amendments to the governance system of the National Bank,

5 - to 26 draft amendments to the Ministry of Finance on tax rates for

entrepreneurs, district budgets of Pavlodar, Atyrau, Turkestan, Akmola, North

Kazakhstan, Almaty, East Kazakhstan, Mangistau, Kyzylorda, Zhambyl

regions.

The most comments were received on the draft laws of the Ministry of Finance

(123) and the National Bank (26), as well as on the projects developed by the

Akimats of Almaty, East Kazakhstan, Akmola, Atyrau, Kyzylorda, Mangistau,

Turkestan, Zhambyl Karaganda regions, Nur Sultan.

Comments and remarks on draft legislative acts in the field of budget and taxes



dynamics. So, all the comments of participants in public discussions of draft

normative legal acts were reacted by state bodies of the city of Nur-Sultan, Almaty,

Karaganda, East Kazakhstan and Pavlodar regions.

More than half of the comments were commented by state bodies of the Akmola,

Almaty, Kostanai, Mangistau North Kazakhstan and Turkestan regions. Least of all

7 3 0

143

233

38

109

185

78 67

34

90

31

103

64

102

45

7 3 0

118

156

8

33

185

5

33 34

83

31

68 64 62

27

0

50

100

150

200

250 • Comments of participants in public




62

were the comments of participants in public discussions in the Aktobe, Atyrau and

Zhambyl regions.



1. In the field of budgetary, tax and financial relations, a high degree of

rulemaking is observed, the leaders are 6 regions of Kazakhstan, which developed

over 100 draft legal acts each in 2018. In these areas, there is an average degree of

civic participation in the discussion of bills. But on the part of the authorities there is

a high degree of interest in studying and responding to comments received, with the

exception of the Atyrau region.

2. The degree of civic participation depends on the number of proposals

proposed by the authorities for discussion of draft legal acts: in those regions where

fewer bills have been developed, participation is higher, where more is lower. This

is often associated with duplication of the same draft legal acts, which creates

confusion among the participants in public discussions in determining the final

version of the draft legal acts. In Aktobe, Atyrau and Zhambyl regions, authorities

took into account less than half of the comments received during the public

discussion of draft legal acts.


A qualitative analysis of citizens' participation in the discussion of draft legal acts in

the field of budget, taxes and finance showed that during 2018, government

development agencies responded to 1 129 of 1 561 comments and suggestions from

participants in public discussions.

A study of the answers of state bodies showed that almost all technical comments

regarding errors in the design of texts of draft draft legal acts, links to other norms

and violation of the terms of public discussion on the portal were proposed mainly

by one person, few conceptual proposals came from 10 people and 8 companies .

From 1 561 comments of participants in public discussions on 758 draft legal acts:

• 435 (27.8%) were left unanswered,

• 259 (16.6%) comments on 123 draft laws were refused, including 125

comments were clarified, 2 - the questions were incorrectly drawn up,

another 29 - the answers of state development agencies did not correspond to

the subject of the question,

• 867 (55.5%) comments on 483 draft legal acts approved and accepted for

work, of which:

63

• 548 (35%) of proposals and comments were included in the approved

313 regulatory acts,

3 (0.2%) of the draft legal acts on the recommendations of users were not

accepted by the authorities and were not put into effect.

Analysis of work with proposals of citizens in the field of budget, finance and taxes

Regarding the types of normative acts, it is worth noting that the proposals were

adopted on by-laws of the legal acts, as decisions, orders and decisions of the central

and local executive bodies, the National Bank, analyzes of the regulatory impact of

akimats.


legislative activity of citizens can be estimated as below average. The most common

developer mistakes were:

- publication of the project without attachment of documentation (as it was

with the draft republican budget for 2019-2021),

- violation of the terms of public discussion of draft legal acts,

- errors in the design of the requisite part of the documents, the timing of the

adoption of the legal acts, grammatical and stylistic errors,

- adoption of the regulatory legal acts before the entry into force of a higher

regulatory level act,

- lack of understanding in which cases it is necessary to put or not reference

laws at a loss,

- tax increases contrary to the norms established by the Tax Code,

- lack of understanding of the authority of akimats and maslikhats in

approving local budgets of the fourth level,

- lack of understanding of the differences between types of taxes,

259

548

435

867 refused


ignored

approved

64

- reducing the time for public discussion of draft legal acts of the sub-

legislative level, which are not covered by the rules of the public discussion of

draft legal acts in terms of determining the draft urgent,

- formalism in drafting legal acts, answers and justifications.

It is worth noting that government authorities did not always provide correct

explanations for user comments. Thus, the Ministry of Finance did not provide a

single clear answer to 46 questions, comments and objections of citizens and

companies on the draft amendment of the rules for public procurement12.

In some cases, government agencies at the central and regional levels refused to

consider recommendations for the premature development of by-laws of normative

legal acts for which higher laws had not yet entered into force. As a result, a few

months later, these regulatory legal acts were put to a loss and then put up for

discussion again.

Another common practice among akimats and maslikhats at the district and city

levels has been the development of new draft normative legal acts without imposing

the loss of previous versions of normative legal acts, as well as the adoption of

regulatory norms in violation of the requirements of a higher code regarding the

restrictions on the time limits for the enforcement or validity of this regulatory legal

act.

For example, certain provisions of the Tax Code require the introduction of new tax

payments from January 1 of the next year, subject to the adoption of this regulatory

act before December 1 of the current year13, or the effect of another norm of the

same code is limited to January 1, 202014.

However, with the exception of 15 maslikhats, the rest ignored these requirements

and adopted new land tax rates in violation of the Tax Code, thus creating the

conditions for various interpretations and corruption risks.

№ Draft law Commentary by a participant in a public

discussion of a draft regulatory act

Response of the state body-developer of the draft

regulatory acts

1 LAW OF THE REPUBLIC OF KAZAKHSTAN «On the republican budget

Good afternoon, when will you add the text of the draft law? It is possible without tables

The draft law «On the republican budget for 2019-2021», posted on the portal of open LAs, includes the text of the draft law and its

12

https://legalacts.egov.kz/npa/view?id=2047090 13

Art. 510 of the Tax Code of the Republic of Kazakhstan http://adilet.zan.kz/rus/docs/K1700000120#z9295 14

Art. 50 of the Law “On the enactment of the Code of the Republic of Kazakhstan“ On taxes and other obligatory payments to the budget (Tax Code) ”, which establishes a special procedure for the operation of Art. 704 of the Tax Code of the Republic of Kazakhstan


http://adilet.zan.kz/rus/docs/K1700000120#z9295

65

for 2019 - 2021» with numbers annexes. Also, the draft law is posted on the website of the Ministry of Finance of the Republic of Kazakhstan in the «Budget Process» section. In accordance with Article 71 of the Budget Code, the text of the draft law on the republican budget should contain for the next financial year: income, transfers, expenses, net budget loans, financial asset balances, deficit (surplus), non-oil deficit (surplus), financing the budget deficit (using surplus); minimum wages, pensions, monthly calculation index, living wage and state basic pension payment; the size of the increase in pension payments by age and pension payments for length of service; volumes of budgetary withdrawals from local budgets to the republican budget; volumes of budget subventions transferred from the republican budget to local budgets; volume of guaranteed transfer from the National Fund of the Republic of Kazakhstan; the size of the reserve of the Government of the Republic of Kazakhstan with the allocation of the size of the special reserve; limit for the provision of state guarantees of the Republic of Kazakhstan; limit on the provision of state guarantees; government debt limit; limit of state obligations for public-private partnership projects, including state concession obligations, of the Government of the Republic of Kazakhstan; other provisions. Note: текст проекта закона так и не вложили.

2 Order of the Minister of Finance of the Republic of Kazakhstan «On Amending the Order

And where is the draft order itself? The Portal contains only its title.

This order has been re-posted on the portal and processed without comment on 05/21/2018. Note:

66

of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Finance of the Republic of Kazakhstan dated April 28, 2014 No. 191» On Approval of the Rules for the Qualification Exam»- developer Ministry of Finance

a comment was posted on May 5, but the state agency developer on the last day of public discussion created another version of the project, creating confusion and depriving citizens of the opportunity to familiarize themselves with the project and make suggestions.

3 About recognition become invalid for decisions of Fedorovsky regional maslikhat - developer maslikhat of the Fedorov district of Kostanay region

And the decision of Maslikhat of the Fedorovsky district of the Kostanay region dated April 8, 2016 No. 15 «On increasing the basic rates of land tax and single land tax rates» remains valid?

In accordance with paragraph 7 of the Rules for the posting and public discussion of draft concepts of draft laws and draft regulatory legal acts on the Internet portal of Open regulatory legal acts approved by order of acting Minister of Investment and Development of the Republic of Kazakhstan dated December 30, 2015 No. 1272, we believe that your comment does not apply to this draft decision of the regional maslikhat.

4 About recognition become invalid for some decisions of the Uyghur regional maslikhat Developer - Uyghur district maslikhat of Almaty region

And a similar decision of the Uyghur district maslikhat of the Almaty region dated February 1, 2016 No. 56-2 «On increasing the basic rates of land tax in the Uygur region» (Registered by the Department of Justice of the Almaty region on March 9, 2016 No. 3746; published: Legal Information System «іділет» 04/26/2016) remains valid?

This decision is invalidated by the decision of the Uyghur district maslikhat dated 04/01/2016 No. 6-2-12. But, for unknown reasons, it was not published in the IPS іdіlet. As soon as possible will be published. Note: as of December 4, 2019, this decision has not yet been put in loss and has not been published in the Reference Bank of the Ministry of Justice.

Examples of incorrect answers in the field of budget, finance and taxes

Thus, we can conclude that in the field of budget, finance and taxes, government

bodies, developers of draft legal acts listen to comments of a technical nature.

67


budget, finance and taxes


1,995) of draft legal acts in the field of budget, taxes and finance. State authorities,

developers of draft regulatory legal acts, responded to 72% (1,129 of 1,561) of the

comments.

The index of participation in the discussion of bills in the field of budget, taxes and

finance will be 38 points.

From the standpoint of government regulatory development agencies, the

willingness to discuss citizens' suggestions and comments in public discussions will

be 63.5 points.

Of the 1,561 comments, the state development agencies approved 55.5% (867) of

the comments received, of which 35% (548) were included in 313 regulations,

another 3 (0.2%) of the draft regulations on the recommendations of users were not

adopted by the authorities and not put into effect.

The index of influence on legislative activities in the field of budget, taxes and

finance will be 40.8 points.

68

2.11. ECOLOGY (150 DRAFT LEGAL ACTS)


According to the plan of legislative work for 2018, it was supposed to adopt 1 law:

«On Amendments and Additions to Some Legislative Acts of the Republic of

Kazakhstan on the Regulation of Greenhouse Gases and Ozone-Depleting

Substances».

The draft law stipulated by the government plan was not submitted15 for public

discussion in 2018, it was not published on the website of the state body of the

developer16, and it was not submitted for consideration and approval with the

deputies of the parliament17.

However, at the republican and regional level, 150 draft regulatory legal acts in the

field of ecology, waste recycling and compensation for ozone layer pollution were

submitted for public discussion. By types of regulatory acts, these were laws,

concepts to laws, decrees, orders, standards and regulations of public services.


legal acts


comments

1. Law 1 0 0 2. Concept 5 1 1 3. Regulatory Impact

Analysis 1 1 1

4. Decision - the developer of the central state body

4 0 0


5 5 to 2 projects 3





8. ИТОГО 150 162 to 72 projects 132 The dynamics of the public discussion of draft environmental legislation

On a monthly basis, users of the Open Normative Legal Acts portal were invited to

participate in the discussion of about 12 draft regulatory acts in the field of ecology,

the largest number of which occurred in January, March, June, and November 2018.

15

https://legalacts.egov.kz 16

http://energo.gov.kz/index.php?id=1573&page=34 17

http://www.parlam.kz/ru/mazhilis/Files/Pdf?file=%2Fru%2Fmazhilis%2FFiles%2FGetPdf%3Ffid%3D12449

https://legalacts.egov.kz/list?searchValue=%D0%9E+%D0%B2%D0%BD%D0%B5%D1%81%D0%B5%D0%BD%D0%B8%D0%B8+%D0%B8%D0%B7%D0%BC%D0%B5%D0%BD%D0%B5%D0%BD%D0%B8%D0%B9+%D0%B8+%D0%B4%D0%BE%D0%BF%D0%BE%D0%BB%D0%BD%D0%B5%D0%BD%D0%B8%D0%B9+%D0%B2+%D0%BD%D0%B5%D0%BA%D0%BE%D1%82%D0%BE%D1%80%D1%8B%D0%B5+%D0%B7%D0%B0%D0%BA%D0%BE%D0%BD%D0%BE%D0%B4%D0%B0%D1%82%D0%B5%D0%BB%D1%8C%D0%BD%D1%8B%D0%B5+%D0%B0%D0%BA%D1%82%D1%8B+%D0%A0%D0%B5%D1%81%D0%BF%D1%83%D0%B1%D0%BB%D0%B8%D0%BA%D0%B8+%D0%9A%D0%B0%D0%B7%D0%B0%D1%85%D1%81%D1%82%D0%B0%D0%BD+%D0%BF%D0%BE+%D0%B2%D0%BE%D0%BF%D1%80%D0%BE%D1%81%D0%B0%D0%BC+%D1%80%D0%B5%D0%B3%D1%83%D0%BB%D0%B8%D1%80%D0%BE%D0%B2%D0%B0%D0%BD%D0%B8%D1%8F+%D0%BF%D0%B0%D1%80%D0%BD%D0%B8%D0%BA%D0%BE%D0%B2%D1%8B%D1%85+%D0%B3%D0%B0%D0%B7%D0%BE%D0%B2+%D0%B8+%D0%BE%D0%B7%D0%BE%D0%BD%D0%BE%D1%80%D0%B0%D0%B7%D1%80%D1%83%D1%88%D0%B0%D1%8E%D1%89%D0%B8%D1%85+%D0%B2%D0%B5%D1%89%D0%B5%D1%81%D1%82%D0%B2

http://energo.gov.kz/index.php?id=1573&page=34

http://www.parlam.kz/ru/mazhilis/Files/Pdf?file=%2Fru%2Fmazhilis%2FFiles%2FGetPdf%3Ffid%3D12449

69

At the level of central government bodies, the developer of 36 draft normative legal

acts was the Ministry of Ecology.

In the regional context, draft normative legal acts developed by akimats of the

Karaganda, West Kazakhstan and East Kazakhstan regions were submitted to public

discussion more often than others. The Akimats of Almaty, Nur-Sultan, Atyrau

Oblast, and none of them, Shymkent, published the least draft regulatory legal acts

in the field of ecology.

Publication of draft legal acts on the portal in the field of ecology by months

A quantitative analysis showed that out of 150 environmental policy projects,

48% (72) of it received comments. A total of 162 comments were received from

users of the Portal «Open regulatory legal acts», 81% (132) of which state-owned

development agencies provided explanatory answers.

In all areas there is a high degree of participation in the discussion of draft legal acts.

The number of comments on one document varies between 1–9, but three quarters

of them do not exceed 1 comment.


draft decrees and decisions of akimats and orders of the ministry.

In the regional context, more comments were received on draft normative legal acts

developed by akimats of Almaty, Karaganda, East Kazakhstan, and Kostanai regions,

there was no discussion of draft regulatory legal acts developed by akimats of

Atyrau region and Almaty.

25

10

14

8

13 14

6

11 9 9

20

11

0

5

10

15

20

25

30

70

Projects of environmental legislation in the regional context

A detailed analysis showed that the largest number of comments were received on

the following draft legal acts:

9 - amendments by the Ministry of Energy to the procedure for automated

monitoring of emissions into the environment during industrial

environmental control,

8 - the decision of the akimat of the Almaty region on the approval of tariffs

and standards for the formation and accumulation of waste in the Koksu

district,

7 - additions of the Ministry of Energy to the methodology for calculating

payment for the collection, removal and disposal of waste,

by 5 - decisions of the akimats of Kyzylorda, Almaty, Turkestan and East

Kazakhstan regions on the approval of tariffs and norms for the generation

and accumulation of waste.

At the same time, on the part of the authorities, the interaction with the participants

in the public discussion on the portal «Open regulatory legal acts» was carried out in

different dynamics. So, all the authorities reacted to all comments of the East

Kazakhstan, Kyzylorda and Pavlodar regions.

8 6

9 5

4 8

4 5

2 2

3 3 3

0 1

0 0

15 14

12

10 10 10

8

7

6 5

5 4

3

2 2

1

0

0 2 4 6 8 10 12 14 16

KaragandaWest KazakhstanEast Kazakhstan

KostanayPavlodar

AlmatyZhambyl

MangistauAktobeAkmola

KyzylordaTurkestan

North KazakhstanAtyrau

Nur SultanAlmaty city

Shymkent• Draft regulatory legal acts

published on the portal “Open

regulatory legal acts”

Share of draft legal acts with


discussions

71

Comments and remarks on environmental regulatory projects

More than half of the comments were commented by state bodies of the Almaty,

Karaganda and Turkestan regions. Least of all were the comments of participants in

public discussions in the Akmolisk region and Nur-Sultan.

Thus, a quantitative analysis of participation in the discussion of draft regulatory

enactments in the field of ecology showed the following:

1. In the field of ecology, there is a degree below the average norm-setting, the

leaders were 6 regions of Kazakhstan, which developed in 2018 about half of all

draft legal acts. Moreover, in these areas there is an active degree of civic

participation in the discussion of bills and dialogue between the authorities in the

study and response to comments received.


proposals proposed by the authorities to discuss draft legal acts and is characterized

as average.


A quantitative analysis of citizen participation in the discussion of environmental

regulatory projects has shown that during 2018, government development agencies

responded to 132 of 162 comments and suggestions from public discussion

participants on 72 draft regulatory acts.

3

0 0

5

23

3

0

17

8 7

20

11

8 6 6

3

9

1 0 0

1

22

2 0

17

1

4

18

8 8

3

6

2

7

0

5

10

15

20

25

• Comments of participants in public discussions

of draft legal acts

• Responses of government agencies developing

draft legal acts to comments

72


regarding errors in the design of texts of draft draft legal acts, links to other norms

and violation of the terms of public discussion on the portal were proposed by one

person, few conceptual proposals came from 3 people and 2 companies.

Out of 162 comments of participants in public discussions on 72 draft legal acts:


• 55 (34%) comments on 21 draft legal acts were refused, including 27

comments were clarified, 2 more were answered by state development

agencies did not correspond to the subject matter,

• 79 (48.7%) comments on 47 draft legal acts were approved and accepted

for work, of which

• 47 (29%) of the proposals and comments were included in the approved

29 regulatory acts,

• 1 (0.6%) draft legal act on the recommendation of users was not accepted

by the authorities and was not put into effect.

Analysis of work with the proposals of citizens in the field of ecology

Regarding the types of normative acts, it is worth noting that the proposals of the

participants in public discussions were adopted on sub-legislative types of

normative legal acts, as orders of the ministry, resolutions and decisions of akimats

and maslikhats.

The most common mistakes of developers were the publication of the project

without attachment of documentation, lack of understanding of the calculation of

introduced tariffs, violation of the terms of public discussion, errors in the design of

the requisite part of the documents, the timing of the adoption of the legal acts,

grammatical and stylistic errors.

Government authorities did not always provide correct explanations for user

comments.

55

47

28

79 refused


ignored

approved

73

Draft law Commentary by a participant in a public

discussion of a draft regulatory legal act

Response of the state body-developer of the draft regulatory

acts

On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated December 27, 2017 No. 478 «On approval of the state service standard» Conclusion of the authorized body of the Member States of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union»- developer Department of Energy

According to Article 15 of the Law of the Republic of Kazakhstan dated April 15, 2013 «On Public Services», a public discussion of draft legal acts on introducing amendments and (or) additions to the approved standards of public services, as well as draft standards of public services, is carried out within thirty calendar days from the day posting them for public comment. Those. in this case, there is a violation by the developer body of the legislatively established deadline for public discussion of the draft regulatory acts.

The Ministry of Energy of the Republic of Kazakhstan (hereinafter referred to as the Ministry) reports that paragraphs 1.1 and 1.3 of the Roadmap for optimizing the state service «Conclusion of the authorized body of the Member States of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union» (hereinafter referred to as the state service), approved by the Deputy Prime Minister of the Republic of Kazakhstan A.K. Zhumagaliyev dated 07/02/2018, it is envisaged to amend the order of the Ministry of Energy of the Republic of Kazakhstan No. 478 dated 12/27/2017 «On approval of the public service» Conclusion of the authorized body of the Member States of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union «( hereinafter referred to as an order) regarding the reduction of the term for the provision of public services from 30 business days to 10 business days, as well as the provision of public services through a non-profit joint-stock company «The State Government Corporation for Citizens. Deputy Prime Minister of the Republic of Kazakhstan A. Zhumagaliev at the meeting of the Interdepartmental Commission on the selection of public services to be provided through the Government for Citizens State Corporation on 01/01/2018 regarding the implementation of Roadmaps for optimizing and automating public services, it was entrusted to consider the possibility of agreeing and approving standards for the

74

provision of public services before updating the Register of public services, and report on the results at the next meeting of the MVK (clause 1.3 of protocol No. 17-3 / 05-2105 of 11/01/2018). In pursuance of the aforementioned order, the Ministry of Energy is working to agree on changes to the order.

Wrong answer from the Department of Energy in a public comment

Thus, we can conclude that in the field of ecology, government bodies, developers of

draft regulatory acts listen to comments of a technical nature. The state bodies

refused to refer to the conceptual comments of five participants in public

discussions or referred to other ministries, which, in their opinion, are responsible

for resolving these issues.


ecology


150) of environmental regulatory projects. State authorities, developers of draft

regulatory legal acts, responded to 81% (132 of 162) of the comments.

The index of participation in the discussion of bills in the field of ecology will be

48 points.

From the point of view of state bodies developing normative legal acts, the

readiness to discuss proposals and comments of citizens in public discussions will

be 65 points.

Of the 162 comments, the government development agencies approved 48.7% (79)

of the comments received, including 29% (47) included 29 adopted regulatory acts,

and another 1 (0.4%) draft regulatory act was not adopted by the authorities on

user recommendations and not put into effect.

The impact index on legislative activities in the ecology of Kazakhstan will be

37 points.

75

2.12. PROCEDURAL LEGISLATION (2 DRAFT LEGAL ACTS)


legal acts

According to the plan of legislative work for 2018, it was supposed to adopt 2

normative acts (code and law):

1. Administrative Procedure Code,

2. On introducing amendments and addenda to some legislative acts of the

Republic of Kazakhstan on issues of administrative procedural legislation of

the Republic of Kazakhstan.

The term for coordination with the Ministry of Justice is April, and it will be

submitted to Parliament in August 2018.

The draft code was put up for public discussion twice - in May and September 2018

and there were no proposals from citizens or companies from users of Open

Regulatory Acts portal.

Under the draft law on amendments to the Code of Administrative Procedure, public

discussion was held three times - in February, May and September. No suggestions

or comments were received.

Thus, a quantitative and qualitative analysis of participation in the discussion of

draft legal acts showed a lack of civic participation in the discussion of draft laws.


administrative-procedural legislation

The users of the Portal «Open regulatory legal acts» did not participate in the

discussion of draft laws and regulations, therefore, the index of participation and

influence on the legislative process in the field of procedural legislation will be 0

points.

76

2.13. LICENSE ACTIVITY AND GAMING BUSINESS (2 DRAFT LEGAL ACTS)


legal acts

In the field of gambling, according to the plan of legislative work for 2018, it was

supposed to adopt 1 law «On Amendments and Additions to Some Legislative Acts

of the Republic of Kazakhstan on Gambling».

The deadline for coordination with the Ministry of Justice is February, and it will be

submitted to Parliament in May 2018.

The draft amendment law was submitted for discussion in February 2018 and there

were no suggestions from citizens regarding the portal «Open regulatory legal acts»

users18. Gambling professional associations negatively evaluated the proposed

amendments. At the end of August, discussions were held on the bill at the site of

the National Chamber of Entrepreneurs, during which entrepreneurs disagreed,

saying that the amendments would not solve the problems of the shadow gaming

business, but would limit the activities of legal bookmakers.

In addition, the creation of a single operator, according to industry associations, will

lead to a monopoly in this area using administrative resources in this area19. They

also opposed the quarterly deduction of 15% of income for the development of

sports and the withdrawal of slot machines into a separate type of activity in gaming

zones.

Government Decision No. 919 of December 29, 2018 introduced the bill for

consideration by the lower house of parliament20. In this version of the bill, the

volume of amendments proposed by the Ministry of Culture and Sports has been

significantly reduced, provisions on deductions and the introduction of a single

operator have been deleted. The proposed draft amendments to the Land Code on

empowering akimats with the authority to issue permits for certain zones for

casinos and slot machines are excluded from the text of the bill.

Thus, it can be noted that the bill entered the lower house of Parliament taking into

account the positions of the business community. However, at the moment, this bill

is still under consideration in the lower house of Parliament and it is not possible to

fully assess the real impact of citizens and the business community on the legislative

activity in the field of gambling21.

18

https://legalacts.egov.kz/npa/view?id=1854281 19

https://atameken.kz/ru/news/30324-konec-igry-v-rk-peresmatrivayut-zakon-ob-igornom-biznese 20

http://adilet.zan.kz/rus/docs/P1800000919 21 As of November 30, 2019


https://atameken.kz/ru/news/30324-konec-igry-v-rk-peresmatrivayut-zakon-ob-igornom-biznese


77

In the field of lottery and gambling, the Ministry of Culture and Sports in 2018

submitted for public discussion draft amendments to the standards of public

services.

During the public discussion, 4 comments were received from one user. All

comments related to technical errors in the text of the draft order on amendments

and were adopted by the developing body and entered the final version of the order

of the Minister of Culture and Sports.


the field of gambling showed the following:

1. There is a low degree of rulemaking at the central and regional level on the

topic of gambling.

2. An average degree of civic participation and a high degree of participation

by the business community in the discussion of bills are noted. The authorities have

a high degree of interest in studying and responding to comments received. Given

that the bill on amendments is in parliament, it is currently not possible to fully

assess the impact of citizens and businesses on the legislative process in the

gambling business.

There is also a low degree of civic participation in the discussion of the by-

laws of the draft legal regulation, all proposals were sent by one person and related

to technical errors in the text that were eliminated.

Index of participation and influence on the legislative activity in the field of

gambling

The users of the Portal «Open regulatory legal acts» commented on 50% (1 of 2) of

the draft regulatory legal acts in the field of gambling. According to the draft law, it

is not possible to compile an index of influence; according to the draft standard,

government agencies, developers of draft regulatory legal acts have responded to

100% (4 out of 4) comments.

The index of participation in the discussion of bills in the field of gambling will be

50 points.

From the standpoint of state bodies developing normative legal acts, the readiness

to discuss proposals of participants in public discussions will be 100 points.

The index of influence on the legislative activity in the gambling industry will also be

100 points, since all 4 comments received were included in the final version of

regulatory legal acts. But, given that the main bill has not been adopted, it seems

premature to assess the influence of citizens on the bill issue in the field of

licensing and gambling.

78

CHAPTER 3. INDEX OF PARTICIPATION AND INFLUENCE ON THE LEGISLATIVE

PROCESS IN KAZAKHSTAN

To determine the participation index and the impact on the legislative process in

Kazakhstan, 4 963 draft normative legal acts were unloaded in the areas of public

relations designated in the research methodology.

Of these 4 963 draft regulatory legal acts, 1 673 draft regulatory legal acts were

selected, according to which 3 375 comments, suggestions and comments were

received from citizens and companies.

An analysis of 3 375 comments and 2 504 responses from government developers

on 1 673 projects showed that 55% of the proposals and comments were accepted.

Of the 1 840 approved proposals of citizens and companies to 1 072 draft

regulatory legal acts, the final versions of the adopted 756 regulatory acts included

1 212 ideas of citizens.

The dynamics of participation, discussion and impact on lawmaking in the context of

draft normative legal acts and comments are presented in the tables below.

№ Draft regulatory legal acts in the field

of relations

The total number of

draft regulatory legal acts

Draft normative legal acts with comments of

Draft normative legal acts with the answers of

government agencies-

developers

Normative legal acts

adopted taking into account

the proposals of citizens

1 Agriculture 1650 462 264 192 2 Suffrage 285 135 105 93 3 Transport 507 129 82 70 4 Historical and

cultural heritage 5 1 1 1

5 Sport 56 11 9 7 6 Redistribution of

power 6 2 1 not

applicable 7 Housing and

utilities 51 15 9 5

8 Healthcare 247 85 68 45 9 Solvency of

citizens 7 1 1 not

applicable 10 Budget, Taxes and

Finance 1995 758 483 313

11 Ecology 150 72 47 29 12 Procedural

legislation 2 0 not applicable not

applicable 13 Licensing and

gambling 2 2 2 1

14 TOTAL 4963 1673 1072 756

79

Dynamics of participation, discussion and impact on lawmaking in the context of draft legal acts

№ Draft regulatory legal acts in the field

of relations

Total number of comments

on draft regulatory

legal acts in the field of relations

Replies from government agencies to comments

Comments approved and

accepted in the work

Comments of citizens

included in the final normative

legal acts

1 Agriculture 783 497 392 275 2 Suffrage 247 213 180 157 3 Transport 245 190 119 70 4 Historical and

cultural heritage 5 5 5 2

5 Sport 29 23 22 10 6 Redistribution of

power 3 3 2 not

applicable 7 Housing and

utilities 25 22 17 8

8 Healthcare 309 284 151 91 9 Solvency of

citizens 2 2 2 not

applicable 10 Budget, Taxes and

Finance 1561 1129 867 548

11 Ecology 162 132 79 47 12 Procedural

legislation 0 not

applicable not applicable not

applicable 13 Licensing and

gambling 4 4 4 4

14 TOTAL 3 375 2 504 1 840 1 212 Dynamics of participation, discussion and impact on lawmaking in the context of comments

Based on the data on the dynamics of citizen participation in the discussion of draft legal

acts, the willingness of government agencies-developers of draft legal acts to discuss

and accept comments and suggestions, a corresponding index of participation and

influence on the legislative process in Kazakhstan was compiled based on the results of

2018.

№ Draft regulatory legal acts in the field of

relations

Index of civic participation in the discussion

of draft regulatory legal

acts, points

The readiness index of government agencies to

discuss civilian proposals for draft

regulatory legal acts, points

Index of influence on the legislative process,

points

1 Agriculture 28 51 54 2 Suffrage 47 75 76 3 Transport 25 49,8 34,8 4 Historical and

cultural heritage 20 100 40

5 Sport 19 75,8 34,6

80

6 Redistribution of power

33 66 not applicable

7 Housing and utilities

29 76 25,8

8 Healthcare 34 88,6 46 9 Solvency of citizens 14 100 not applicable 10 Budget, Taxes and

Finance 38 63,5 40,8

11 Ecology 48 65 37 12 Procedural

legislation 0 not applicable not applicable

13 Licensing and gambling

50 100 not applicable

Index of participation, willingness to discuss and impact on the lawmaking of Kazakhstan

Citizens and companies took the most part in the discussion of draft laws in the field of

licensing - 50 points, ecology - 48 points, elections - 47 points, budget and tax issues - 38

points and health care - 34 points.

Government agencies, developers of draft legal acts in the field of historical and cultural

heritage, on the issues of restoring the solvency of citizens and licensing activities,

discussed the proposals at the highest level, gaining 100 points.

Also, the state-developers of the regulatory acts in the field of health discussed 88.6

points, housing and communal services - 76 points, sports - 75.8 points, and electoral

processes - 75 points.

The greatest degree of influence on the legislative process is noted in the sphere of

elections - 76 points, agriculture - 54 points, health care - 46 points, despite the fact that

participation in the public discussion of draft legislative acts was at average and below

average levels.

Thus,

Documents

INDEX OF PARTICIPATION AND INFLUENCE ON LEGISLATIVE ACTIVITY OF KAZAKHSTAN · 2020. 2. 10. · 2 УДК 34.03-517/519.6 ББК 67.400 Transparency Kazakhstan. Index of participation